Shared custody and Joint Custody... Whats the dif?

[JohnnyAppleSeed]

What is the name of your state? OK

Whats the difference between Shared Custody and Joint Custody. When I got divorced I was granted primary legal and physical custody of my child. Recently the ex and I went to mediation to hash out visitation, travel, ect. It was signed by a judge. I, like an idiot, didn't notice that the ex's attorney sliped in the comment "this is a shared custody plan." How does this little comment change things? Or does it?

 

[Wiggy Ex]

I don't know, but I am very interested in this also.

 

[Grace_Adler]

I THINK shared and joint are the same thing. You might be able to find out for sure at www.deltabravo.net

 

[sunfun]

Darlin, why are you calling yourself an idiot? If you were able to agree in mediation, that makes you pretty darn smart in my book!

Is it such a bad thing to share the custody of the child?

Here you go

'Joint' or 'Shared' custody where parental responsibilities and parenting time are shared.

Copyright SPARC 2001. All Rights Reserved.
Page Location: http://www.deltabravo.net/faq/cust_ans5.htm

 

[Wiggy Ex]

But, do you have to go to court and file for "Shared Custody" if the current papers say "Joint Custoday"?

 

[annefan]

What is the name of your state? OK

Whats the difference between Shared Custody and Joint Custody. When I got divorced I was granted primary legal and physical custody of my child. Recently the ex and I went to mediation to hash out visitation, travel, ect. It was signed by a judge. I, like an idiot, didn't notice that the ex's attorney sliped in the comment "this is a shared custody plan." How does this little comment change things? Or does it?

Shared and joint mean basically the same thing. Although shared doesn't necessarily mean 50/50 as joint does.

According to your statement, it sounds as if you originally had SOLE legal and physical custody of the child, and now you share it jointly with the other parent. Both parents now have equal rights to physically have the child and both have equal rights to make decisions regarding the child. You did not indicate whether "shared custody plan" refers to physical custody, legal custody or both.

 

[Wiggy Ex]

Well, let me specify, right now the papers say "Joint Legal Custody" with the mother having primary physical custody. But we get the child 165 nights of year and now that he is getting older, he comes over to our house even more.

 

[annefan]

Joint legal custody means that both parents have equal say in matters of education, medical, religious, etc. of the minor
child(ren). If both parents cannot agree in those matters, it usually goes before either the mediator or the court to compromise or decide.

Primary physical custody means that the minor child(ren) reside for the majority of the time with that parent. The non-custodial parent would have what is called partial custody or visitation in this situation.

If you have physical custody of the child for at least half of the year, overnight, then you would be practicing shared (or joint) physical custody. If there is a need for any purpose to make this arrangement formal, then I would suggest you petition to change it.

 

[JohnnyAppleSeed]

In my situation I have my son all but six weeks of the year. So how can it be considered shared??

 

[sunfun]

Because you are pretty much ordered to share in decision making, share medical information about your son, share school information, share visiting and talking to the child whenever possible.

It sounds like you don't like this arrangement? If the other parent is willing do this sharing, you have it made honey! Your son has it made! You may not like having to share, but isn't that a great thing for your son's emotional well being. He gets to have both of his parents interested in him.

So what's the problem?

 

[rdenny]

Annfan. I just read your reply. I have a different situation. Grace knows it etc. My ex has custodial and we have "joint" custody and through our wonderful NY State Laws, because he can, he filed for child support. B/C he is very vindicative and I can see where he is going, he is liable to try to take on sole custody. This has been going on for 2 years. I made a few mistakes b/c I was afraid of what he might do. I do not have the financial resources to secure a "good attorney". I have tried everything to make someone listen to me and I don't know which way to turn. Every three months he comes up with something else to irritate me and make me miss work b/c he wants to play in Family Court. What are my recourses for "joint" custody. To me it is just a word that is used. If the custodial parent has the physical custody, then my outlook is no good.

 

[JohnnyAppleSeed]

I dont have a problem!

Sunfun--- I don't have a problem with the situation, just an inquisitive mind! Lots of questions. The more I know about stuff, the better off I am!

 

[sunfun]

That's the spirit Johnny!

 

[sunfun]

Johnny-

So, from one curious poster to another, did you get the answer you needed?

 

[annefan]

RE: he is liable to try to take on sole custody

Obtaining sole physical and sole legal custody is very difficult to get. I'm not saying that it never happens, I am saying that it is granted only in the most extreme situations. For example, here in Pennsylvania, it is nearly impossible to obtain sole custody (either physical or legal or both) unless the parent is incarcerated for a substantial length of time or the parent has been charged with physical abuse, drug abuse, etc. among other factors. I'm not sure what you meant by the mistakes you've made in the past, but I can suggest to you how to handle all of this for the future. Try to remember to do everything in your power to be a responsible parent and do your best to co-parent with the custodial (easier said than done, I know, but in the long run the courts don't see a parent positively who doesn't take equal responsibility and always put the best interest and welfare of the child first).

Changing custody orders from having partial custody/visitation to obtaining primary physical custody is an uphill battle. I'm not saying that it's impossible, it just puts more of the burden on you if you want to pursue it, and you will have to prove (with substantially good reasons) why you are requesting the change. Money issues, among others, are not viewed by courts as good reasons to petition for a change in custody.