Joint Custody Vs Sole Custody – Pros and Cons for Parents and Children

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Joint Custody Vs Sole Custody – Pros and Cons for Parents and Children

One of the most difficult decisions divorced parents must make is what type of custody arrangement is in their child’s best interest. In general, joint legal and physical custody is preferred by most family law professionals. It provides children with the opportunity to have a relationship with both parents and it gives each parent a significant amount of responsibility in the child’s life. However, joint custody isn’t right for every couple or child. For example, if you and your spouse or ex-spouse have an acrimonious relationship that makes it nearly impossible to work together to advance your child’s interests, you may want to seek sole custody. If your spouse has a history of neglectful or abusive behavior, you may be better off seeking sole custody to protect your child from that parent.

The court will look at the entire situation and the individual needs of your child before making a decision about custody. A judge will likely award you with some form of joint custody if both parties can cooperate and agree about the child’s best interests. However, a judge may award one party with sole legal and physical custody if the other party presents a risk to the child’s safety and well-being. This can happen if your spouse or ex-spouse is a known drug user, has a record of domestic violence or has been convicted of child abuse. In this scenario, the judge may decide that it isn’t safe for the non-custodial parent to be allowed to visit with the child at all.

A judge will also consider the child’s unique needs when determining a physical custody agreement. The court may award you with equal joint physical custody or may split your time with the child roughly in half. In either case, the child will spend roughly the same amount of time at each parent’s home.

Cons: It can be stressful for a child to have to switch between homes on a regular basis. It can be hard on the parents who must constantly communicate with one another to make the arrangement work. Ultimately, it can be very disruptive to a child’s schooling and social development.

Pros: It is easier for the child to maintain relationships with both parents if they are regularly in each parent’s home. This can provide a sense of consistency and normalcy for the child. The children will be able to keep in contact with extended family members, which can be beneficial to their emotional development.

It is important to note that this article is only a general overview of the topic and should not be taken as legal advice. The laws on child custody vary from state to state, so you should contact a local family and divorce law attorney in Miami for help with your specific situation.