Legal Definitions - shared custody

Shared custody is a legal arrangement where both parents, typically after a divorce or separation, have significant involvement in raising their child or children. This arrangement usually means parents share the responsibility for making important decisions about the child's upbringing (known as legal custody) and also share the time the child spends living with each parent (known as physical custody).

The specific division of decision-making power and physical time can vary greatly depending on the court order or parental agreement, but the core principle is that both parents maintain active and meaningful roles in their children's lives.

• Example 1: Balanced Shared Legal and Physical Custody

  After their divorce, Sarah and Mark agree to a shared custody arrangement for their daughter, Lily. Lily spends alternating weeks living at Sarah's house and Mark's house. Both Sarah and Mark are required to consult with each other and mutually agree on all major decisions concerning Lily's education, medical care, and participation in extracurricular activities.

  This example illustrates shared custody because both parents equally share the physical time Lily spends with them (alternating weeks) and jointly make all significant decisions about her upbringing (legal custody).

• Example 2: Shared Legal Custody with Unequal Physical Time

  David and Maria, who are separated, have a shared custody order for their son, Leo. The order specifies that they both have shared legal custody, meaning they must agree on critical matters like Leo's choice of school, any necessary surgeries, or religious instruction. However, due to David's demanding travel schedule for work, Leo lives primarily with Maria during the school week, spending every other weekend and all major holidays with David.

  Here, shared custody is demonstrated through the joint decision-making power (shared legal custody) that David and Maria exercise over Leo's life, even though the physical time Leo spends with each parent is not equally divided. Both parents still hold significant rights and responsibilities regarding Leo's welfare.

• Example 3: Shared Custody with Divided Responsibilities

  Emily and Ben, following their divorce, establish a shared custody plan for their two children. Their agreement states that Emily will be the primary parent responsible for school communications and routine medical appointments, while Ben will manage all sports activities and summer camp registrations. Despite these specific task divisions, any major decisions regarding the children's education, health, or overall welfare still require mutual agreement from both Emily and Ben.

  This scenario shows shared custody by demonstrating how parents can divide specific responsibilities while still maintaining joint legal authority over crucial decisions. Both Emily and Ben are actively involved in raising their children and share the overall parental duties.