Diane L. Snyder

Joint Physical Custody Awards

Joint Physical Custody Awards

In most states, "joint physical custody" means that each of the parents shall have significant periods of physical custody of a child. Joint physical custody is shared by the parents in such a way so as to assure the child of frequent and continuing contact with both parents. It does not require that both parents have equal time with the child.

Standards

Courts attempt to encourage that both parents remain involved in the lives of their children. To this end, where feasible or where the parents agree, the court will attempt to maximize the time each parent spends with the child, so that the parents share the physical custody and responsibility for the child. Before awarding joint physical custody, the court must be sure that the parents can comply. This means that the parents must live close enough to each other and to the child's school so that schooling is not interrupted and transportation between the households is not too time consuming.

For joint physical custody to work best, both parents should have the opportunity to have both work time and play time with the child. Both parents should be responsible for making sure the child completes homework assignments, gets to the dentist, and completes assigned chores. Both parents should also have time with the child when the child is off of school, such as winter and spring breaks and the summer months. Week-ends and school nights should also be shared. Each parent has the right to take the child on a vacation, and both parents should make efforts to assure that these vacations are not scheduled for the same time.

Effect on Child Support

The court is not required to make sure that each parent gets equal time, and the amount of time necessary to meet the definition of joint physical custody differs from state to state. In Florida and Pennsylvania, the child must spend at least 40 percent of the nights (146 nights) in Maryland 35 percent of the nights, (128 nights). Where parents share the physical custody of a child, the calculation of child support takes into consideration the fact that each parent must provide the daily basic expenses of raising a child, such as a bedroom to sleep in, food, transportation, clothing, toys, school supplies, and spending money. Each parent provides for gifts for the child to give, after school activities, and other everyday expenses. As a result, the parent who has the child the lesser number of nights might have a lower child support obligation than he or she would have if the child spent less time in that parent's home.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.

Areas of Practice

  • Child Custody
  • Child Support
  • Divorce
  • Family Law
  • Litigation
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