This phrase usually refers to legal custody, as opposed to physical custody. California lawmakers passed the nation’s first joint custody law in the 1970s. Before then, the residential custodian, who was usually the mother, had the exclusive right to make decisions on the children’s behalf.
These decisions include the right to designate the child’s primary residence, school, physician, religious background, and other important items. If the parents disagree in these areas, resulting in a 1-1 tie, the residential custodian usually has the power to break this tie.
To enhance the joint custody rights of noncustodial parents, our Kerrville family law attorneys often include specific language in the divorce decree. For example, a provision regarding the child’s physician might be “The child will see Dr. X.” Conversely, if we represent the residential custodian, we try to keep this language as general as possible.
In case you’re wondering, in terms of physical custody, most families chose the traditional every other weekend and every other holiday arrangement. This setup usually results in about a 70-30 timeshare division, in favor of the residential parent. Alternatives, such as block scheduling, are available as well. These alternatives usually put the parenting timeshare division much closer to 50-50.