How Does Joint Custody Work?

If you are going through a divorce or considering the child custody option that is best for your family, you might be wondering if joint custody is a viable option. For some families, joint custody is the best option, allowing children to spend meaningful time with both parents. Understanding how joint custody works can help you better decide whether this option is right for you.

Types of Child Custody in Tennessee

Tennessee recognizes two types of child custody: legal custody and physical custody. Legal custody is the right to make important decisions on your child’s behalf, such as where they will go to school, what type of medical treatment they will receive, and which religion they will be brought up in. When parents have joint legal custody, this means that both parents have a right to weigh in on these important decisions. Their custody plan may give one parent the final ultimate decision-making authority or require them to participate in mediation if they are unable to reach a decision.

Physical custody refers to the parent the child lives with and who is responsible for the child’s daily care. In joint custody arrangements, both parents have liberal parenting time with the child and share the right to have the child live with them. This contrasts with sole custody arrangements in which the child lives with one parent and has visitation with the other.

Is Joint Custody 50/50?

Even when courts order joint physical custody, the arrangement may not be exactly 50/50. It’s difficult for parents to have equal parenting time. One parent may have more time with the child than the other. This parent may be designated as the “primary residential parent.”

How Is Child Custody Decided?

Parents are encouraged to work out a parenting plan that best meets the unique needs of their families. If the parents are able to work out an agreement, the court will typically approve it unless it determines that it is not in your child’s best interests. Being able to negotiate your own plan can help foster a healthy co-parenting relationship.

However, if parents are unable to reach an agreement, they can ask the court to make a decision regarding physical and legal custody. Courts may prefer to award joint custody since it allows both parents to have a strong relationship with the child and spend substantial time with them. However, the court evaluates various factors to determine which custody arrangement is in the child’s best interests, including:

  • The child’s relationship with each parent
  • The parents’ willingness to facilitate and encourage a close and positive relationship between the child and the other parent
  • The past performance of parental responsibilities
  • Each parent’s mental and emotional fitness
  • The importance of continuity in the child’s life and the time the child has lived in a stable, satisfactory environment
  • Each parent’s ability to provide for the child’s needs
  • Each parent’s work schedule
  • The child’s relationship with other household members and relatives

An experienced child custody lawyer in Nashville can argue the factors that favor your proposed custody plan.

Learn More From a Nashville Child Custody Attorney

If you need help determining whether joint custody is right for your situation, an experienced child custody lawyer from Burdine Law Firm, PLLC can help. Our family law attorneys in Nashville can answer your questions, guide you through the legal process, and safeguard your rights. Contact us for a confidential consultation.