Child custody is one of the most important things in separate or divorce cases. In cases of joint custody, the two parents share the same responsibilities for taking care and raising the child. However, it can be confusing for some to differentiate between custodial and non-custodial parents. In this post, you will learn about the concept of joint custody and the meaning to be a custodial parent in this arrangement.
Overview of Joint Custody
Joint custody is defined as a legal arrangement in which both parents share the rights and responsibilities of raising their child. This one is also known as a 50/50 custody agreement. There are also some other definitions of joint custody defined by the followings:
-
- Oxford Languages: “Joint custody is legal custody of a child or children that is shared by both parents after divorce or separation.”
- Find Law: “Joint custody is an arrangement where both parents are responsible for raising their child after a divorce or separation.”
- Forbes: “Joint custody is an arrangement where two co-parents share responsibility for a child – even if the parents do not live together and are not raising the child together in one household.”
- Cornell Law School Legal Information Institute: “Joint custody is an arrangement between separated parents where each parent has a degree of control over, and a measure of responsibility for a child.”
- Cambridge Dictionary: “Joint custody is the situation in which two people have the legal right to care for someone, especially a child after its parents have separated or divorced.”
- Merriam-Webster Dictionary: “Joint custody is custody (the legal right to take care of a child) shared by two people.”
Join custody is divided into two, as follows:
-
- Joint legal custody: This type of joint custody is where both parents have the same right to make decisions related to the child, including education, healthcare, and religious upbringing.
- Joint physical custody is where the child spends a certain amount of time living with each parent. However, it should be noted that it does not necessarily mean equal time with both.
Overview of Custodial Parent
According to Forbes, a custodial parent is a parent who has primary or sole custody of a child. The custodial parent is the one that spends most of their time with the child. It can be either parent. That parent is the one who has a lot of responsibilities of raising a child on a daily basis. Cornell Law School Legal Information Institute defines custodial parent as the parent that lives with and cares for their minor child for all (sole physical custody) or most (primary physical custody) of the time.
A custodial parent is different compared to a non-custodial parent. What sets it apart from a non-custodial parent is that unlike the non-custodial parent who do not live with the child every day, only have visitation rights and only have limited time to visit the child, they live with the child and spend most of their time with them. Plus, they also have more responsibilities compared to the non-custodial parent. They responsibilities include giving primary needs of the child, such as food, shelter, and clothing; enrolling them in school and making sure that they attend it; enrolling them in extracurricular activities and transporting them to these places; helping them with their homework and other educational support; maintaining their hygiene; taking care of their medical issues; and facilitating visits with their other parent (the non-custodial one).
The Custodial Parent in Joint Custody
Even in the case of joint custody, there is usually a custodial parent. For those who are wondering about the custodial parent in joint custody, the answer is the one with whom the child primarily resides or lives with. This parent is the one that manages the day-to-day responsibilities. Besides, this person is also the one who is responsible for more of the routine aspects of parenting, including school schedules, doctor appointments, and extracurricular activities.
In most cases of joint custody, one parent is designated as the primary custodial parent, which is also known as residential parent. However, it is worth noting that this designation does not delete the rights of the other parent. Instead, it signifies where the child spends most of their time.
The Importance of Being Designated as a Custodial Parent
Almost every parent wants to make sure that they have plenty of chances to be with their child. It means almost every parent wants to be a custodial parent who usually has the privilege to spend more time with the child compared to the non-custodial one.
In joint custody, both parents may share equal amounts of time with their child. It resulted in neither parent to be specifically designated as the custodial parent. However, there is a problem here. For your information, the Internal Revenue Service or IRS states that a parent is allowed to claim “qualifying” child as dependents for tax purposes. In this case, the one that qualifies to claim the child as a dependent is the custodial parent. It means only one parent can get a significant tax saving. In order to decide which parent can be a custodial parent, both parents can meet up and discuss it. If everyone wants to be a custodial parent and no one wants to lose and be a non-custodial parent, the decision may be made by the court. Basically, the court will decide which parent has the legal right to claim the child as a dependent on their taxes.
Becoming a Custodial Parent
For anyone who wants to be a custodial parent, it will be needed for you to ensure that you get primary physical custody when you separate or divorce. Aside from that, you may also have to get primarily legal custody.
A parenting plan can be created by you as a parent and other parents outside of court. This kind of plan can include how custody is shared. By choosing this approach, you will be able to reduce the legal and court fees. Besides, you also have the chance to make a better plan that is better for you and the family as it can meet your needs, which is different compared to the one developed by the judge. However, in cases where you or the other parent refuse to agree on the one that should be the custodial parent or the amount of time the child is shared, a court will take a role to make the decision. When making a decision, the judge will consider the best interest of the child because it is what matters the most.
Bottom Line
In conclusion, in joint custody cases, both parents play an important role in raising their child. However, there is still usually the one who is considered as a custodial parent, which is the one with whom the child primarily lives. This parent is also the one who has more responsibilities of raising a child on a day-to-day basis.
