When there are children involved in a divorce or separation, one of the most significant things to consider is child custody. Joint custody is typically an option that focuses on the child's best interest among parents facing this issue.
By knowing what joint custody means and how it is implemented, parents can make decisions that can create a consistent and supportive environment for their child despite the stress of divorce.
What Is Joint Custody?
Joint custody is a legal condition under which parents are responsible for raising their child. Joint custody is classified into two main kinds:
Joint Legal Custody: Provides a shared right for parents to make significant decisions critical to the child. These may include education, healthcare, religion, or extracurricular activities. Joint legal custody means both parents must work together and communicate well so that the interests of their child always come first.
Joint Physical Custody: This custody type means the child physically shares time living with each parent. Physical custody percentages may not necessarily mean a strict 50/50 division of time, but at least regular and meaningful contact with each parent. How this might look varies from case to case and can include anything from weeks on to weeks off, or designated days of the week.
Benefits of Joint Custody
Many advantages of joint custody can be beneficial for children and parents alike:
High-quality parent-child relationship: Joint custody allows kids to have continued contact (and presumably relationships) with both parents, promoting emotional security and stability.
Shared Parental Responsibilities: Both parents must be involved in raising and supporting the child, so one person is not solely responsible for everything.
Fostering Collaboration: Joint custody promotes teamwork, decision-making, and communication, which can bless not just the parents.
Challenges of Joint Custody
Despite the many benefits of joint custody, there are also some drawbacks. Joint custody can work if both parents are willing to communicate, be flexible, and cooperate. Common challenges include:
- Scheduling Conflicts: It is challenging to coordinate schedules, primarily when parents work at different times or have other obligations.
- Competitive Decisions: Sometimes, parents don't see eye to eye on major decisions surrounding the child, which can trigger arguments.
- Logistical problems: The problem of transferring is quite complex for minors, primarily if the parents reside in faraway locations.
Making Joint Custody Work
For joint custody arrangements to work, parents must put their differences aside and place the child above all.
Joint custody works best with open communication, respect for each other's parenting style, and a desire to cooperate.
A comprehensive parenting plan that details schedules, decision-making responsibilities, and conflict-resolution strategies can also reduce misunderstandings and ease the transition process for everyone involved.
Legal Issues of Joint Custody in New Mexico
In child custody cases involving children in New Mexico, the court's presiding principle is in the child's best interest.
Judges advise joint custody when they think it is in the best interests of the child and whenever each parent can mutually support one another.
Alternatively, if having both parents in the child's life would be detrimental or even dangerous for the child, a judge may grant sole custody to one parent. Parents who want to share custody are advised to show they will cooperate and put their kids first.
Final Thoughts
It could be difficult and painful to deal with child custody issues. An experienced family law attorney can help you better understand joint custody and what steps you should take to pursue it if your case involves custody.
The Law Office of Anthony Griego provides parents in Albuquerque with compassionate advocacy and insight into favorable custody arrangements. Call our office today to work with someone who will do everything possible to help you with the legal complexities of your child custody case.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
