A shared custody arrangement typically is described as a scheme where both parents have the right to provide a home for their child 50 percent of the time, according to the American Bar Association Section of Family Law. The theory behind shared custody is that the child possesses the chance to develop a meaningful relationship with both of her parents.
Considerations
A primary feature of shared custody is that the arrangement typically is the result of negotiation by the parents rather than order of the court. Parents need to be on generally decent terms, and have an ability to communicate directly and without animosity in order for shared custody to be effective.
Misconceptions
The most common misconception associated with shared custody is that the arrangement is synonymous with joint custody. In a joint custody arrangement, both parents do maintain contact with the child, according to "Child Custody A to Z" by Guy J. White; however, one parent is designated to provide a primary residence for the child. The other parent enjoys parenting time or visitation on a regular and recurring basis. Parents in a shared custody arrangement have the right to physical custody of the child half the time.
Features
A primary feature associated with shared custody involves the proximity both parents live to one another. Generally speaking, in order for shared custody to work effectively and efficiently, both parents must live close to each other. For example, no matter at which home the child is on a particular day, he needs to be in close proximity to his school and the locations of other activities. Additionally, absent this type of proximity, the parents may end up unable to fully exercise their rights to the child on an equal basis.
Time Frame
Determinations regarding how long each stay in an individual parent's home lasts is made on a case by case basis, according to "The Child Custody Book" by James W. Stewart. A common, although not universal, practice is for the child to move from one parent's home to the other on a weekly basis. Depending on the child's age and temperament, such frequent moves may be deemed too disruptive and she may stay at each home for longer individual periods of time.
Warning
Some children do not respond well to a lack of a primary residence. In other words, these youngsters seem to thrive when they have a home where they spend most of their time, rather than ping-ponging back and forth between two residences. Therefore, as a child reaches an age at which she can begin to make reasonable decisions, her input should be sought in regard to a proposed shared custody arrangement.
References
- American Bar Association: Section of Family Law
- "Child Custody A to Z"; Guy J. White; 2005
- "The Child Custody Book"; James W. Stewart; 2000
