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JOINT PHYSICAL AND LEGAL CUSTODY |
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In joint custody, both parents retain and
share the physical and legal responsibility and authority for the care
and control of their child. This arrangement is ideal when parents can
cooperate with each other and agree on key decisions about the child's
life. When parents can't cooperate and agree, a legally enforceable parenting
plan serves as a tiebreaker.
Joint custody means assuring children of frequent and continuing contact
with both parents. This arrangement requires parents to share the rights
and responsibilities of child rearing, regardless of their compatibility
with each other.
There are several advantages to shared parenting. A child of joint custody
has two parents who are emotionally involved. Regular contact with both
parents is maintained. The child receives a clear message that he or she
is loved and wanted by both parents.
Joint custody provides the advantage of shared childcare and can serve
as a way to get relief from many of the problems associated with single
parenthood. With more balanced shared physical custody, joint custodians
are provided with an important buffer against the "burnout" many single
parents experience due to the intense demands of solo parenting.
In determining the type of custody of a child, parents must take into
account the child's age and personality. Anxious and insecure children
may be troubled by the transitions back and forth between homes. In such
cases, one parent should initially have primary responsibility for the
physical care of the child, while the other parent should see the child
frequently and continually.
A nursing baby needs one physical home, however, access by the father
can be daily at this time. Overnights with the father are also possible
for nursing babies provided breast milk can be pumped in advance (or if
formula is used). In my opinion, young children, including babies, should
not go for longer than three days without seeing the other parent.
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