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Legal custody and physical custody of children in co-parenting relationships can be confusing and complicated. In the United States, each state’s laws differ and parents must understand the laws affecting their cases before agreeing to a parenting plan. The laws and rulings for custody for each state are heavily reliant on the individual circumstances of the family.
There are two types of custody: Legal custody and physical custody. Legal custody is the parents’ right to make important decisions about their child's health, welfare, and education. Physical custody refers to where and with whom the child will live, and dictates the frequency, duration, and type of contact the non-custodial parent may have with the child. Physical custody can also be split further dividing custody into sole physical and joint legal custody.
Due to the varying laws and statutes of each state, what is applicable to a co-parenting arrangement may differ greatly. In Pennsylvania, the law permits joint legal custody in every case, and encourages parents to work together to make decisions on behalf of the child. However, some states, like California, do not automatically allow joint legal custody, and the courts must review the case for consideration.
In Washington State, the courts may award joint legal custody designations when the parents share decision making or when the court determines that a joint legal custody arrangement is in the best interests of the child. In either of the states mentioned above, joint legal custody is not necessarily equal sharing of the decision-making authority, but rather organized cooperation, where both the custodial and non-custodial parent will be consulted and consulted on majority of important decisions concerning their child.
In terms of physical custody, the laws are more strict and the courts evaluate each situation and parent’s individual situation separately. In Washington State, if the court finds that a reward joint physical custody is prudent, the parents must sign an agreement that outlines the specifics of their arrangements. In smaller states, like Wyoming, there are fewer laws and rulings related to co-parenting cases and the courts may award physical custody of the child to one parent or award joint physical custody if deemed necessary.
When considering custody rulings, the court in Broward County, Florida makes decisions based on the “best interests of the child” and will consider history, lifestyle, accessibility, and creature comforts when choosing who will receive primary physical custody. Where joint physical custody is appropriate, there are additional considerations, as the court will often try to attempt equal parenting time when feasible. The court may also request a psychologist or a guardian ad litem to assess the circumstance and offer their opinion as they believe to be best for the child’s interests.
In cases where one parent has been awarded the majority of physical custody, the other parent must be entitled to reasonable visitation. If a court finds the current visitation arrangement to be unsatisfactory, the parents must revert to the courts to modify or amend the visitation rights. Again, the court uses the "best interests of the child" as the criteria for any modifications instituted to visitation laws. Visitation laws also vary between states and may vary depending if the child is over or under the age of 18.
Parents may also consider creating a Parenting Plan or Visitation Agreement without court order. In times when conciliation and civil behavior is occurring, parental agreements can provide detailed instructions of the parental relationship, from visitation to decision-making. This plan should be created in consultation with the help of an attorney, as stipulations within the agreement can be enforced by the court. The agreement itself should be in writing and signed by both parents.
Custody in co-parenting families can be complex and requires more thought and research than traditional custody rulings. The laws of each state will differ and can be more subjective. To determine the custody rights and arrangements that would be best for their children, the parents must be familiar with the local laws and the court rulings are based on. Having a Parenting Plan or Visitation Agreement in writing is a great tool for any co-parenting family as it provides a clear and defined expectations for the role of each parent.
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Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.