Joint Legal Custody and Physical Custody: What’s The Difference Between The Two?

If you’ve ever heard of the terms joint legal custody and joint physical custody, you may wonder if they mean the same thing. Actually, they don’t. So, why do both terms mean?

Joint Legal custody

Both parents will share equal responsibility of their child. When decisions are made – school, religion, summer camps and medical care – both parents must work together for the best interest of the child.  Both parents not only share equal responsibilities, they also have equal rights in how the child is raised. Therefore, one parent is not the over-all decision maker.  The amount of time a parent spends with a child is not affected. The only things affected are:

•    Sharing of decision making responsibilities
•    Equal rights in how child is raised.

Joint Physical Custody

This means the parents will share equal responsibility and spend time with the child. The parents will need to work together to make the decisions that affect the child. There is no main decision maker.  The parents will have to work with each other to come up with a plan that allows them equal time with the children.  Each plan needs to take into account the educational needs, especially if the parents do not reside in the same school district.

Parents will also need to take into account any extracurricular activities so that they don’t miss practices or games when developing a plan. Both parents will need to work with each other to ensure the child isn’t affected by the physical custody agreement. The child should never feel like they’re missing out on events due to that agreement.

Mediation Can Solve The Joint Legal and Physical Custody Issue

There are instances where the parents just cannot work with one another to make decisions that are best for the kids. The mediation process can help deal with the disputes during the parental access modification or divorce process. Mediation ensures both parties have the chance to settle the issues in a fair, immediate environment. Due to the complexity of the law, it’s best to hire an attorney to help you with this issue before your mediation hearing.

It’s not always easy to pick an option that’s best for the children, which is why family law lawyer can look into your situation and decide what’s best for all parties.   Judges tend to send disputed child custody to mediation, especially if the parents cannot come up with their own plans.  Meditators will sit with both parents in an effort to develop an agreement that everyone can agree to and meets the needs of the child.  Any agreement developed during the mediation process still need a judge to sign off on.