When children are involved during a divorce the question comes into mind, what happens to them? Does one parent get sole custody of the child? Will there be an equal amount of parenting time given to both parties? How will these decisions be made? It’s understandable that these situations can be stressful, so it is important to remember to take a deep breath and relax because everything will be okay. In this blog, we will be going over the basics of what you need to know about joint legal custody.
What is Joint Legal Custody?
Joint legal custody is when both parents share equal responsibility and authority over the child. This allows both parents to still raise their children while being divorced. The court will look at the fitness of either parent, the agreement of both parents, and the best interest of the child and will decide if it will be beneficial for everyone involved. There may be a lot of things you may disagree about with your ex-spouse but one thing should be the same for both parties, the well-being of your children and making sure they are raised in an environment for them to grow and succeed. This is a way that you can start working with your Ex to reach an agreement on joint legal custody. If this can be done a mutual understanding can be created and the divorce process can go much smoother and a lot less stressful. If the court sees that you and your ex-spouse came to an agreement and show your ability to work with one another they will allow joint custody and other benefits will be given.
If you want to be involved in your child’s life and be there for the major decisions then joint legal custody is for you. For day-to-day decisions, the parent who is with the child will be able to make decisions and do what they think is best for the child. But for major decisions like medical procedures, education, and vacations both parents will have to talk about it and come to an agreement. This is why it is important to have a mutual understanding with the party and be able to have a conversation to come to an agreement on certain decisions. With joint legal custody, you will be able to raise your child and ensure that they are living a lifestyle that is best for them. You can decide whether the child plays a sport or starts the process of getting a driver’s license. Remember that you will still have to work with your ex-spouse and it won’t be easy sometimes but it will always be worth it. There are 12 factors that the judge will consider when it comes to joint custody.
- Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
- The capability of the parents to provide that love and affection
- The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
- Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
- The court will try its best to keep the child in their current home. This is why the court almost always gives the family residence to the custodial parent
- The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
- The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
- The child’s school, home, and community records
- Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
- The willingness of either parent to facilitate the child’s relationship with the other parent (Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
- Any history of domestic violence