Joint custody is a form of child custody where both parents share custody rights. Joint custody can refer to joint physical custody, joint legal custody, or both combined.
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Joint legal custody: Both parents share major decision-making regarding the childs education, medical care, and religious upbringing.
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Joint physical custody: The child spends equal or close to equal amounts of time with both parents.
Its important to note that joint physical custody is different from split custody, where some siblings live with one parent while other siblings live with the other parent. The opposite of joint physical custody is sole custody, where the child primarily lives with one parent while the other parent may have visitation rights to regularly see their child.
In New York, joint custody refers to both parents having legal custody of the child, where legal custody grants the authority to make decisions for the child such as those regarding medical care, education, and religious practices. Even if a couple has equal physical custody of a child or close to it, a New York court will not refer to this as "joint custody". If parents have "joint custody," it means they have joint legal custody and an equal say in the important decisions that may be made in the childs life regardless of who has physical custody or how much visitation the noncustodial parent has.
Joint custody is generally the best approach when both parents are invested in maintaining a relationship with the child and are capable of meeting the childs needs. It is usually considered in a childs best interests to keep both parents as active participants in the childs life unless there are issues such as domestic violence, abuse, or neglect. Alternatives to joint custody include shared legal custody, where each parent is given an area where they can make decisions alone, and sole physical custody, where the child primarily lives with one parent while the other parent may have visitation rights to regularly see their child.
