What’s the Difference Between Shared Custody vs. Joint Custody?
What’s the Difference Between Shared Custody vs. Joint Custody?
In divorces where children are involved, the custody arrangement can be one of the hardest matters to settle. If both parents want to remain involved in a child’s life and the court has no important reason to keep either parent away, then you can expect that your custody arrangement will involve joint physical and legal custody.
But what about shared custody? Many people use the terms shared custody vs. joint custody without knowing exactly what they mean. If you’re facing a custody decision in a North Carolina divorce and want to make the best possible arrangement for your child, then you’ll need to understand the differences.
We’ll take a deeper look at shared custody vs. joint custody and what they can mean for your legal case. We’re always happy to discuss your case directly with you as well. Call us at (888) 376-2889 or fill out our online contact form to schedule a consultation.
The Foundations of Custody: Physical and Legal
To fully understand shared custody compared to joint custody, it’s important to establish that there are actually two different foundational types of custody.
- Physical custody involves looking after a child. This type of custody deals with the child’s physical location and which parent is responsible for them at the given moment. A party who has physical custody can make minor day-to-day decisions for the child.
- Legal custody is the right and responsibility to make long-term decisions for a child’s well-being. North Carolina statutes don’t define the term “legal custody,” so a judge or the parties involved in an arrangement can define what it means and what may be in a child’s best interests.
The rights covered by legal custody can include the right to make important decisions about education, health care, and activities outside school, like sports and clubs.
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SCHEDULE YOUR CONSULTATIONWhat is Shared Custody?
So, what do physical and legal custody have to do with shared and joint custody? Let’s start with shared custody.
When people say “shared custody” they’re usually talking about joint physical custody.
In a joint physical custody arrangement, both parents get to spend time with the child on a regular basis. The alternative is sole physical custody, which involves the child being with one parent almost all the time while the other parent gets very little time. When one parent has sole custody, the other parent may have to make child support payments.
Most people think of joint physical custody as equal time or something close to equal, but it doesn’t have to be. In many cases, the child will mostly live with one parent (the “custodial parent”) while the other parent has visitation rights. That said, it’s becoming more common for courts to create true “shared” custody arrangements where the child lives with both parents equally or close to equal.
In a joint physical custody arrangement, the parents have to get the child to school and activities on a regular basis and be available if the child is sick or needs something. As a result, the parents generally need to live and work in the same area. It is very helpful if parents are able to communicate with each other effectively about the child.
What Is Joint Custody?
When people say, “joint custody,” they usually mean joint legal custody.
A joint legal custody arrangement is based around shared parenting, which means both parents share equal decision-making responsibilities. One parent can’t make major changes or important life decisions for the child unless the other parent says it’s okay. Both parents must agree on important matters like education, health care, and activities outside school.
Both you and your ex will have to be ready to compromise and cooperate to make a joint custody arrangement work. Each parent should be able to trust that the other parent won’t make one-sided decisions.
Judges Often Won’t Grant Joint Legal Custody in Contested Hearings
Judges must consider the best interests of the child when creating a child custody order. For most judges, this means (among other things) not bringing the custody case back to court any more than is necessary. The goal of a judge’s custody order is to make a ruling that eliminates the need to return to court.
In a contested custody case, the judge already knows the parents can’t work together and compromise on a child custody agreement. If they could, they wouldn’t be going through a trial and asking the judge to decide.
So, to reduce the need for further hearings, the judge in a contested hearing may order that one parent has final decision-making authority on all decisions. Alternatively, the judge can give authority to one parent for final decision-making on some issues and to the other parent for other issues.
In either instance, most orders require that if there is a major decision, the parents notify the other and attempt to agree on the issue before the parent with final decision-making gets to decide. The failure of a parent to notify the other parent of a major decision before making the decision could be grounds for contempt of court or to modify custody.
RELATED: 5 Reasons a Judge Will Change a Child Custody Order
Can Shared Custody and Joint Custody Exist at the Same Time?
Yes. Legal custody and physical custody are separate issues. That means both parents can share physical custody (“shared custody”) while either one or both parents has final decision-making or legal custody (“joint custody”).
If one parent has sole legal custody of the child, then that parent will be authorized to make final decisions about education, healthcare, and activities outside of school and may only have to notify the other parent after the decision is made.
RELATED: What You Need to Know About North Carolina Child Support
Get Help from an Experienced Family Law Attorney in Mecklenburg County
Even if you know the foundational differences between shared custody vs. joint custody, determining the best route for you and your family can be challenging.
If you’re fighting for custody in the Charlotte area or just trying to understand your rights and options so you can do what’s best for your child, contact Myers Law Firm for help today. An experienced family law attorney from our team will meet with you to answer your questions, help you understand your options, and create a plan for what comes next.
To schedule a consultation, please call (888) 376-2889 or fill out our quick online contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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