F A C T  S H E E T  O N  J O I N T  C U S T O D Y


This fact sheet is intended to be an informational guide for parents in the
process of separation or divorce who are considering joint custody. Joint
custody is a legal concept that allows parents the opportunity to continue to
share their ongoing parental responsibilities of their children.

Under sole custody, one parent is granted custody by the equity court with
the other parent having visitation time. The legal concept of custody gives a
parent the right to make medical, educational, and religious decisions as
well as to consent for a minor child to marry or to enter the armed forces.
Joint custody means that all these decisions will be shared by both parents.

Joint custody sets the responsibility upon both parents for raising the
children and carrying out the tasks of guiding, disciplining, supporting, and
caring for the children. Joint custody does not determine physical custody in
the same ways as sole custody, but allows parents to creatively plan the
residential arrangement that will best provide for the children.

Parents should reflect very carefully on the needs of their children and
their own parenting skills and resources before deciding on joint custody,
which may not work for everyone. This fact sheet provides information which
can be used by parents to evaluate whether a joint custody agreement will be
effective in meeting the needs of the  children and their parents.


J O I N T  C U S T O D Y  G U I D E L I N E S
F O R  P A R E N T S


The following guidelines can be used to determine whether or not joint
custody is suitable for your family. When parents separate emotions and
tempers are high. Many times these feelings of anger, hurt, and betrayal make
it very difficult to work together as parents. Counseling may be necessary to
assist you in resolving these feelings. Hopefully, the mixed feelings of the
separation will not last forever, and the two of you will be able to work
together as parents of your children.

1. The family does not end with separation or divorce; functions such as
parenting continues. Joint custody allows for the responsibility of parenting
to be shared.

2. The end of the relationship does not mean the end of the parental
relationship. Unworkable marriage does not necessarily result in an
unworkable parenting relationship.

3. The best interests of children are met when parents can work together in
carrying out the responsibilities of raising children together.

4. Children need a relationship with both parents. Joint custody sets the
stage for the parents to be involved in the lives of their children.

5. Raising children is a full time responsibility. Joint custody allows for
that responsibility to be shared without over burdening one parent, as often
happens in sole custody, or by not giving enough responsibility as may occur
with the visiting parent.

6. Parents have different assets that are important to their children. Joint
custody allows parents to combine their child-rearing skills and more
completely meet the needs of their children.

7. Joint custody requires an ongoing plan for the everyday care that fosters
stability. Some children can handle equal time with each parent; other
children need a more central residence.

8. Both parents have a right and a responsibility to make decisions affecting
their children. It is that sense of responsibility that strengthens the
ongoing attachment between parents and children.

9. Joint custody is not for parents who are locked in intense conflict and
are unable to find a reasonable way of working together. Counseling may be
necessary to develop an environment for cooperation.

10. Joint custody is not workable when parents are using it to meet their
personal needs and are unwilling to consider the needs of their children.


 I M P O R T A N T  A S P E C T S  O F  A
J O I N T  C U S T O D Y  A G R E E M E N T


A written joint custody agreement may be helpful in establishing a foundation
for a successful co-parenting relationship. the following items are matters
that you should consider in planning your agreement. Because individuals'
lives and children's developmental needs change all the time, an agreement
must be flexible and at the same time, clear in basic points to allow room
for adjustment.

1. A Definition of Joint Custody. It is the intention of parents who agree to
joint custody that each parent shall continue to have a full and active role
in providing a sound social, economic, educational and moral environment for
their children. Parents need to consult with one another on substantial
questions relating to educational programs, religious upbringing, significant
changes in social environment, and health care. Parents needs to exert their
best efforts to work cooperatively in making plans consistent with the best
interests of the children and in amicably resolving disputes as they arise.

2. Residential Considerations. Specific periods of time with a given parent
need to be defined. Joint custody does not determine the amount of time a
child spends with either parent, but does imply that a child has access to
each parent for enough time to allow the relationship to be meaningful and
not superficial. Some children alternate between parents' homes on an
equal-time basis. Other families have a more traditional arrangement where
children spend the week with one parent and weekends with the other parent.
Children's ages and school situations as well as parents' employment and
availability must be considered in planning an appropriate physical custody
arrangement.

3. Parenting Responsibility. When the children are in the actual physical
custody of a parent, that parent shall have the responsibility for seeing
that the minor children are fed and cared for properly and taken to school.
That parent shall take responsibility for meeting medical and dental
emergencies.

4. Financial Support. Parents will need to arrange for the financial support
of the children. Some parents agree to share this equally, while others pay
the costs as they arise