Lawmakers generally agree that it is in the best interest of a child to have both parents involved in his or her life, both legally and physically. With this in mind, it is increasingly common for courts to award the parents joint custody of their children whenever possible. Parents who are going through divorce often ask “what does joint custody mean“? Does joint custody mean parents share time with the children 50/50?
To answer this question, it first important to establish the difference between joint “legal” custody and joint “physical” custody, which are both recognized in the state of Oklahoma. Joint legal custody grants both parents shared authority in making decisions regarding the welfare and upbringing of the children. Physical custody refers to whomever is caring for a child at any particular time.
“Physical custody” means the physical care and supervision of a child. Whether you are the custodial parent or non-custodial parent, you will have physical custody of the child from time to time. Time spent in a non-custodial parent’s physical custody is sometimes called visitation or parenting time.
Joint “legal” custody means both parents share physical custody of the children and decision-making authority. Both parent have an equal
voice in the major decision affecting the children’s lives.
With joint “physical” custody the children live part time with one parent and then part time with the other. This does not mean that the time spent with each parent is equal, but that both parent have frequent physical time with the children.
While the shared physical custody might be considered joint physical custody, decision-making authority for the child is only shared in when parents have joint legal custody. Therefore, joint physical custody might occur either in cases of joint legal custody or where one parent is the custodial parent.
In Oklahoma, joint custody does not mean 50/50 physical time with the children. Rather, it means equal decision-making rights regarding a child’s welfare and upbringing. Joint custody has no direct impact on how physical custody of the children is divided between the parents. Parents who share joint legal custody might work out physical custody schedules around a child’s needs during the school year, balancing holiday time with both parents’ families, summer plans or any other factor that can affect a family schedule.
Free Consultation: Oklahoma Child Custody Attorney
An experienced Tulsa divorce attorney can decide which approach to child custody will be in the best interest of you and your family. To find out more about joint custody in Oklahoma, contact the Tulsa child custody attorney at Divorce of Tulsa Law Office: 918-924-5526. We offer free, no obligation consultations. If you prefer you may send your question using the “Ask the Lawyer” form on the right side of this page.
