Joint Custody (United States) - Concept of Joint Custody

Concept of Joint Custody

Many U.S. states recognize two forms of joint custody, which include joint physical custody, and joint legal custody. Joint custody, as a theory, has many different meanings across the United States, which involves different presumptions. One possibility of this meaning is that there is sole legal custody of the children with one of the parents, but there is a division of time in which the child spends time with both parents with a shared residence situation for the children. Alternatively, the children could primarily reside with only one of the parents, but have the authority over decision making be shared between the parents, which allows the parent who does not have the child residing with him or her to have authority over the children, but little chance for a strong relationship.

Joint physical custody and joint legal custody are different aspects of the joint custody arrangement, and determination is often made separately in many U.S. states' divorce courts. Therefore, it is possible for one parent to have physical custody while sharing legal custody, or inversely, it is possible for one parent to have legal custody while sharing physical custody. In some states this is referred to as custodial parent and noncustodial parent.

Also, where there is joint physical custody, terms of art such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status, and both parents are still custodial parents.