The concept of family in
contemporary society is dynamic and complex.
"Family" is constantly being redefined by single
parent households, blended or step-families, intergenerational
homes, and parents sharing the custody of children after
separation or divorce. Many of these newly formed family
situations are created as the result of separation and divorce
- with the primary goal to ensure the best interests of the
children. Divorcing parents have many legal options
related to the division of their rights and responsibilities
to their children. Common custody solutions include
Legal Custody, Sole Legal Custody, and Sole Physical Custody.
Joint custody is the arrangement of both parents having
authority and responsibility for a child.
Joint custody arrangements can help to transform an
unsuccessful marital relationship into a successful,
productive parenting effort. While divorce may end the
marital relationship, it does not end a couple's relationship
as parents. Rather than ceasing to be a family unit, the
family unit is
redefined and the couple adjusts their relationship to play a
cooperative role in their child's life. Neither parent
feels as though they are a single parent and can benefit from
knowing that there is someone to equally share their parenting
joys, problems and concerns. The children benefit from
continuing contact and involvement with both parents.
There are several joint custody arrangements:
- Joint physical custody
allows children to spend a relatively equal amount of time
with each parent in their respective residences.
However, the time may not be equally split.
- Joint legal custody where
the medical, educational, religious and other decisions
and responsibilities regarding the children are shared.
- Both joint legal and joint
physical custody. This arrangement is sometimes
referred to as Shared Parenting, which involves a
cooperative, parenting plan-based structure.
There are some reasons that
joint custody does not work. Children who are shuffled
around, used as parental pawns, or have parents that do not
cooperate can suffer negative and lasting effects.
However, when parents are committed and cooperative, children
are raised in a supportive and respectful environment.
Many parents find "Parenting Plans" a valuable tool
in resolving custody issues and defining provisions for
custody and visitation. A parenting plan is a binding
contract that is mandatory in many states. The plan
addresses child-related expense distribution, decision-making,
schedules and plans,
education and also considers how parents will handle future
disagreements and plan modification. Parenting plans are
most successful when developed through expert and sensitive
mediation.
A properly drafted parenting plan eliminates
misunderstandings, miscommunication and misconceptions.
The plan enables the children to smoothly transition between
households, providing them with the security of knowing where
they will be and with whom. The plan will evolve to meet
the
demands of changing situations and the children's growth and
independence. Holidays, vacations and special days such as
birthdays and Mother's Day are considered. When
developing a parenting plan, other important considerations
include:
- Residence - where will the
children live and will there be any shared arrangements?
- Respect - the children must
always respect the absent parent and be aware that their
parents support each other in their efforts to
cooperatively raise them.
- Contact - when children are
at one parent's residence, where and at what times will
the children have contact with the other parent?
- Authority - while the child
is with the other parent, the
separated parent must be willing to give authority and
trust that the children have excellent physical, mental
and emotional care.
- Specific issues including
welfare, care and development, religion, education and
sports are important issues that require planning.
Joint custody requires
effective and collaborative co-parenting. The child' s
care, love, safety and security are the basis for the parents'
continuing relationship. Children are able to maintain a
continuing bond with both parents, and enjoy the anticipation
of time spent with each parent. A well-drafted parenting
plan helps parents to cooperate and children to reap the
benefits of growing up in a peaceful, well-adjusted
environment - even
though it means living in two separate homes. And like
any successful partnership, joint custody offers the
challenges and rewards that come from planning, hard work and
self-sacrifice.
|