When parents separate or divorce, one of the most difficult decisions they face involves how to raise their children in two homes. Shared custody, often referred to as joint custody, is an arrangement that allows both parents to continue playing an active role in their child’s life. Rather than one parent becoming the primary caretaker, shared custody focuses on creating balance. It’s a way of recognizing that children benefit from having meaningful time with both parents, provided that doing so is in their best interest. Read on and reach out to a knowledgeable Rochester child custody lawyer from Lacy Katzen LLP to learn more.
How does shared custody work in New York?
Shared custody can refer to both legal and physical custody, though the two aren’t always the same. Legal custody determines who makes major decisions about the child’s health, education, and upbringing. Physical custody, however, involves where the child primarily lives and how parenting time is divided. Parents can share legal custody while one parent has primary physical custody, or they may share both.
Courts tend to encourage parents to agree on a schedule that works best for their unique situation. For some families, that could mean alternating weeks or dividing the week evenly between two homes, while for others, it may mean one parent has weekends while the other has weekdays. Judges will review these arrangements to ensure they meet the child’s needs, taking into account the parent’s ability to communicate, the child’s age, school location, and any other factors that could potentially affect stability.
What factors influence a shared custody decision?
The court’s main concern is always the best interest of the child. Judges look at several factors when considering shared custody, such as:
- Each parent’s ability to cooperate and make decisions together
- The quality of each parent’s relationship with the child
- Each parent’s work schedule
- The distance between their homes
- The child’s preference, if the child is old or mature enough
Importantly, shared custody seldom means a perfect 50/50 split, but what matters most is whether the arrangement allows the child to feel secure, loved, and connected to both parents.
How can parents make shared custody work smoothly?
Shared custody isn’t easy. It requires patience, compromise, and constant communication. Parents should keep detailed schedules, respect each other’s time, and avoid putting children in the middle of disagreements. Using shared calendars or custody apps can help with confusion and ensure that everyone is on the same page.
You should also revisit custody arrangements as children grow and circumstances change. In other words, what works for a toddler may not work for a teenager. It’s important to keep an open mind and work together.
If you’re facing custody decisions during or after divorce, it’s imperative that you have an experienced attorney in your corner who can effectively protect you and your child’s interests. If you have questions or would like to speak with a lawyer about your case, please don’t hesitate to contact Lacy Katzen LLP today.
