Parents often think that if they have "equal" custody or "50-50" custody of their child(ren), that they (parents) have equal timeshare with their child(ren).
This is not true!
It is understandable that when two parents are having disagreements that lead to Court's involvement, that most of the time the parents' emotions are controlling their judgment. One parent may think that it is in their child(ren)'s best interest to only live with that parent and not the other (unless circumstances justify such thinking...for e.g. if the other parent is a child abuser). However, in absence of justifiable circumstances that would cause one parent to lose joint custody of their child(ren), most times the Court will award both parents equal (aka "joint") legal & physical custody. The Courts determine the custody and parenting time by determining what is in the best interest of the child(ren).
However, the time that each parent will have with their child(ren) are most of the time unequal. The reasons can be as follows (but these are certainly not the ONLY reasons):
- The practical aspect of there being 7 days in a week, and no parent can divide 7 days equally (3 1/2 & 3 1/2 for each parent with their child) without putting a heavy burden on the child(ren)'s lifestyle;
- One parent might work in the military, or drives a truck around the country for his job, which makes it impossible for him to spend 3 1/2 days with his child(ren), even if 3 1/2 day schedule was feasible;
- The Court takes into consideration a minor child(ren)'s opinion as to who he/she wishes to live with after the child(ren) has mentally developed (usually by the time the child is 12 or 13, but that is not always the case). If the child(ren) expresses a desire to live with one parent over the other, then often times, the Courts leave the choice of who the child(ren) will spend time with up to the child(ren).
If you believe you have joint custody of your child(ren), make sure to determine if you have joint LEGAL custody AND joint PHYSICAL custody, or if you simply have joint legal custody but not joint physical custody. These are very different and give parents different rights to their child(ren). You can find more information about child custody here.http://riversidedivorcelaw.blogspot.com/2010/12/child-abduction-by-parents-is-real.html
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ReplyDeleteWhile child support and contact are separate issues, in some jurisdictions, the latter may influence the former. In the United Kingdom, for example, the amount of support ordered may be reduced based on the number of nights per week the child regularly spends at the non-custodial parent's home.
Our attorneys represent Long Islanders like you in the Suffolk County, NY court system on all matters pertaining to orders of protection.
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