The Pros and Cons of Shared Child Custody: What You Need to Know Before Making a Decision
When you divorce your spouse, you must address several issues. If you share a child with your spouse, child custody is one of those issues. When parents agree to share custody, it can benefit the child. They have ample time with each parent, and the parents can be active in their child’s life. A child custody attorney can help you navigate the legal process and ensure your child’s best interests are protected.
However, you need to consider the pros and cons of shared custody before choosing this type of custody arrangement. Below is an overview of child custody and its advantages and disadvantages.
Two Types of Custody Granted by California Family Courts
Two types of custody recognized by California courts include physical custody and legal custody.
Physical custody refers to the physical control and care of the child. A parent with physical custody has the right to have the child live with them.
Legal custody gives parents the right to make decisions for their children. These decisions include issues related to their healthcare, education, religious upbringing, and extra-curricular activities.
What Is Shared Custody in California?
Shared custody or joint custody gives both parents the right to make decisions for their children and have their children live with them. Under California law, there is a presumption that it is in the child’s best interest for parents to have joint custody. The court must consider the factors relevant to the child’s welfare before granting shared custody.
Generally, parents agree to share custody of their children unless a parent believes the other parent is unfit. A parent who abuses or neglects their child may be found unfit. Courts do not grant joint custody if one parent is unfit; they would likely grant sole custody to the other parent.
Pros of Shared Custody in California
There are several benefits to a shared custody arrangement, including:
Parents Are Equal
With shared custody, both parents can be primary caregivers for the child. When a custody arrangement needs to be modified, courts favor leaving the child with the primary caregiver(s). Therefore, both parents have an equal opportunity to maintain their status as primary caregivers if either parent files a motion to modify custody with the court.
Division of Parental Responsibility
Joint custody means both parents are responsible for the child’s daily needs and care. They must make sure the child is fed, dressed, and bathed. The child needs to attend school on time, go to extra-curricular activities, and do their homework.
With shared custody, both parents have the opportunity to carry out their parental responsibilities and the flexibility to share tasks in a manner that works best for everyone.
Ongoing Contact With Both Parents
When a parent has sole physical custody, the child may begin to view that parent as their primary parent. With joint custody, the child has access to both parents. Each parent spends as much time as possible with the child, ensuring they remain active in the child’s life. Additionally, shared custody can reduce the tendency to separate parents into the “real” parent versus the “other” parent.
Cons of Shared Custody in California
Even though the courts presume joint custody as being best for the child, there could be one or more cons to consider, including:
Geographic Issues
If the parents live too far apart, sharing custody could be difficult. Transporting a child back and forth every few days could be detrimental to the child. The travel can also be expensive and time-consuming for parents. To fix this issue, one or both parents could relocate, which may not be feasible.
Instability for the Child
The biggest hurdle of shared custody may be moving back and forth between homes. The constant moving back and forth could create a feeling of not having a “real” home. Also, transitioning back and forth means the child must pack everything they need when they switch houses or have two sets of everything.
Continued Tension
For shared custody to work, parents need to be flexible and able to communicate effectively. Parents who could not get along during their marriage may be unable to co-parent effectively. If so, shared custody might increase tension and arguments, which can harm the child.
Get Help With Child Custody Matters
If you have questions about the best child custody arrangement for your family, contact a child custody lawyer today.
Contact a Los Angeles Family Law Lawyer Today
If you’re going through a divorce, you need a strong team fighting for your rights. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
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Los Angeles, CA 90013
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