What does joint physical custody of a child mean?

Physical custody encompasses where the child lives and who cares for them. Joint physical custody (also called shared physical custody, shared residential custody, shared parenting time, etc.) means that your child spends substantial time living with both parents, and both have equal responsibility to physically care for the child.

Can a parent share physical custody of a child?

Parents may also share physical custody evenly, or the child may reside with one parent the majority of the time. If the child resides with one parent more often than the other, the home of the parent the child resides with more frequently will generally be considered the child’s primary residence.

What’s the difference between sole and joint custody?

In a joint custody arrangement, parents share custody of their child, as opposed to sole custody, where one parent has full custody. However, there are two different kinds of joint custody: joint legal custody and joint physical custody.

Is there any overlap between legal and physical custody?

Regardless of what split of legal and physical custody a court orders, as a practical matter there is some overlap between the two. For example, whichever parent the child is with at a given time effectively has the right to make decisions regarding the child while the child is in his or her custody.

What’s the difference between physical and joint custody?

Sole and Joint Custody Differences. Physical custody is the right to live with a child and legal custody is the right to make decisions that pertain to the life of the child. For each type, parents may receive joint custody, in which they share responsibility, or one parent may receive sole custody.

What rights do I have with joint legal custody?

Joint legal custody means both parents have an equal, legal right when making decisions concerning their child’s upbringing. If you have legal custody of your child, you can make all decisions regarding such issues as schooling, religion, medical care, and housing.

What exactly does joint legal custody cover?

Joint legal custody means that both parents have the legal authority to make major decisions for the child. This includes decisions regarding education, religion, and health care . Consider John and Jean, who have two children. They share joint legal custody and John has physical custody.

What is sole legal custody compared to sole physical custody?

Legal custody is about which parent makes the major decisions for a child: health care, schooling, moral development, etc. Physical custody is about where the child resides. Therefore, if a parent has sole legal and physical custody, that parent makes all of the major decisions for the child and has the child most of the time.

Joint physical (also referred to as shared physical) custody means that the parents usually split the custody of the child 50/50 or fairly equally. Where one parent has more than 50% of the custodial time with the child, that parent will be determined to have primary physical custody of the child,…

How does custody work in New York State?

Custody. A Custody Order gives responsibility for the child’s care and how the child is brought up to one or both of the child’s parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody. A New York court can make orders about the child’s custody only until the child is 18 years old.

How is child support determined in joint custody?

How the court determines child support for joint custody arrangements. Joint custody refers to the shared physical and/or legal custody of a child or children after parents separate or divorce. In such cases, parents share in the everyday responsibilities of raising the children, including financial obligations.

How old do you have to be to get custody in New York?

A New York court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.”. If there is no court order, then both parents have equal rights to physical and legal custody of the child.

Are there different types of custody in New York?

Types of custody can include: Joint custody. This is where both parents share custody based on a schedule that is decided by them or by the court. Sole custody. This is where only one parent has custody of the child. Legal custody. Physical custody.

What are the requirements for joint custody?

When parents share physical custody, the child doesn’t have to split time evenly between parents. Most states require that a child spend a minimum of 110 overnights with each parent to qualify as a joint physical custody arrangement.

How do you file for joint custody?

Filing for Joint Custody Consider hiring an attorney. Locate the appropriate court. Complete the necessary forms. Review your forms. File the forms. Serve the other party. Wait for an answer. Take part in mediation. Submit an agreement.

What are the types of custody in New York?

physical custody simply refers to where the child lives
Legal Custody: Legal custody is the type of custody most people think of when they hear the term child custody.
Joint Custody: Joint custody refers to where both parents share the legal custody of a child.

When does joint physical custody not work in Nevada?

That cannot be achieved with joint physical custody, which is often defined as a child being under each parent’s care at least 35% of the time. Under Nevada law, for example, parental rights may be terminated if a parent is deemed “unfit”.

What to do when you get joint child custody?

Once you and your ex have been awarded shared physical custody of your children, it can take some time to figure out the logistics. Coordinating schedules. Divvying up holidays. Shuffling kids between houses. Sharing child custody isn’t always easy, especially when you’re trying to agree with someone you couldn’t stand being married to.

What does it mean to have 50 / 50 custody?

Definitions 50/50 custody means a child spends equal amounts of time in the care of each parent. Joint physical custody is where each co-parent has at least 35% care time. 50/50 custody is a form of joint physical custody, along with similar arrangements such as 60/40.

When does joint physical custody with both parents work?

3-4-4-3 schedule where the child lives with one parent for three days, the other parent for four days, then the first parent for four days and the second parent for three days Every weekend schedule where the child lives with one parent during the week and the other parent for an extended weekend

What are the different types of joint custody?

In a joint custody arrangement, parents share custody of their child, as opposed to sole custody, where one parent has full custody. However, there are two different kinds of joint custody: joint legal custody and joint physical custody. Parents may also request a combination of both joint physical…

What’s the difference between joint and sole custody?

Joint, which means that the children live with both parents. Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent. Joint physical custody does not mean that the children must spend exactly half the time with each parent.

How the court determines child support for joint custody arrangements. Joint custody refers to the shared physical and/or legal custody of a child or children after parents separate or divorce. In such cases, parents share in the everyday responsibilities of raising the children, including financial obligations.

Can a mother get joint custody of a child?

Some courts will grant joint legal custody. But that’s only if the mother seeks treatment and enters rehab. The courts only take action when substance abuse hinders the parent’s ability to care for the child. The courts still defer to the child’s best interests as a whole when there is substance abuse.

How does child support work in joint custody?

Courts also consider the type of custody that the parents have. Generally speaking, the more time that a parent has with the child, the less percentage of child support will be ordered. For example, some states decrease the number of child support that is ordered based on the number of overnight visits the child has with the parent.

Can a child have joint and sole custody?

Mixed Sole and Joint Custody. In some cases, a court may grant a combination of joint and sole custody, with one parent having sole physical custody of a child but both parents having joint legal custody, or the court may choose to order the opposite, and grant one parent sole legal custody but allow both parents to have physical custody.

How does physical custody differ from legal custody?

Both parents usually have equal access to the child’s educational and health records. Joint legal custody does not affect child support. Physical custody pertains to with whom the child will reside. If one parent has full physical custody, the other parent may have visitation privileges.