It is the policy of some states that minor children have frequent associations and a continuing relationship with both parents after separation or divorce. It is also important that parents share the rights and responsibilities of child rearing. When making decisions as to custody, the sole consideration of the court is the best interests of the children. There is a presumption in most jurisdictions that joint custody would be in the best interest of a minor child. Parents often wish to assert joint custody rights when going through the divorce process. This allows both parents to share in the upbringing and day-to-day care of the children.
Joint custody can mean different things depending upon how it is used. If it is used in reference to “Joint Legal Custody,” it means that the parents will share in the decision making authority over the children. If it is used in reference to “Joint Physical Custody,” it means the children will equally share time with both parents and reside with both parents on an equal basis.
If you are awarded joint legal custody, then both parents will have input on the decisions on matters such as medical care, education and religious instruction.
If you are awarded joint physical custody then the child will spend approximately the same amount of time with each parent. In Nevada, as long as there is at least a 60/40 timeshare split, the court will consider it joint physical custody.
Short answer – No. In most states, the courts will generally award Joint Legal Custody unless one parent is unfit. They will not always award joint physical custody. Instead, most states try to favor joint custody but in reality, it may not work. If one parent has a more strenuous job, then joint custody will be difficult to maintain. If the parents are unable to cooperate and agree, it may not be awarded. If there is any sort of domestic violence offenses, joint custody may not be awarded. The Courts have broad discretion and in the end, it will focus on the best interests of the children.
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.