Joint Custody Agreement

Joint or sole custody is an effort made by the parents and the legal advisers to cushion the children from the adverse effects of a divorce. Joint custody agreement is often misunderstood as just a legal document that pertains to the question of residence, who does the child reside with. Child custody refers to the legal and moral rights of the parents to make decisions regarding their wards upbringing in reference to the child's residence, education, medical treatment, religious belief, welfare, etc. For divorcing parents, awarding of the child's custody is often a contentious issue, although an understanding and benefits of a joint custody for the welfare of the child is now on rise. A joint custody gives both the parents the right to make decisions jointly. Custody of a minor child who is under the age of 18 is what the court has a legal right to award. All child custody issues are studied upon, and in some situations can also be awarded to individuals other than the biological parents, if the court finds one or both parents is unfit, absent, dead or dangerous to the child's well-being.

Joint Custody

In joint custody both parents are referred to as custodial parents and neither parent is a non-custodial parent. The term custodial parent is meant for the parent who has the primary physical custody of a child, a parent with whom the child resides/will reside. Joint custody primarily are of two kinds; physical and legal. Physical custody refers to the child's actual place of residence, whereas, legal custody designates the right to make decisions for the child's overall welfare.

Joint Custody Agreement for Child Custody

Once the court awards joint custody of children, as a parent it is your responsibility to read and understand all legal provisions and implications of a joint custody. It would be advisable to take legal help to understand what the agreement entails, before planning for one. Irresponsible behavior towards the ward could lead to loss of custody. A joint agreement carries some specific details regarding the role each parent would play including the financial aspects of raising a child. Each parent must have printed copies of the schedule, that pertain to all activities of the child. The duration of the custody in terms of days, months and holidays about the child should also be worked upon. Even something as basic as transportation for school should be pre-decided. In a joint custody, both parties must at all times have an access to their ward's school, medical records, etc. The child and parent's privacy should be maintained at all times, and the time spent with the child should not be used to malign or foster negative feelings towards the other parent, step-parent or a live-in partner. One parent is not allowed to move the child's place of residence without the knowledge or approval of the other. Decisions regarding education, the type of medical care and faith should be decided mutually. No individual who has a right of custody should at any given time restrain, harass, or physically, mentally and/or sexually abuse the child.

It would be foolish to presume that all decisions taken jointly would be peacefully done, even married people don't agree on most decisions. The idea is to take a course in the best interest of the child. A joint custody agreement is a legal document, that should transcend from the legal framework to the basic consideration that dwells on the best interests of the child/children. Custodial parents should work towards enforcing a positive outlook, as children of separated or deceased parents do undergo mental anguish, even if it was an amicable separation.