Once joint legal custody is awarded, the court will allocate the time periods during which each parent has physical custody of the child, so that the child is assured of frequent and continuing contact with both parents. To the extent feasible and in the best interest of the child, physical custody should be shared equally, although this is not always the result.
A joint custody plan may provide for different physical custodial schedules during the school year, holidays, and summer. It should also cover vacation times with the child, relocation requirements, and maybe a right of first refusal should the parent with physical custody be unable to care for the child for a certain period of time.
There may also be certain restrictions or supervision placed on a parent’s physical custodial periods. This can arise when one of the parent’s has a problem with substance abuse, mental health issues, or a history of family violence.
Each case is unique, and your physical custodial schedule will vary depending on an analysis of the best interest factors cited above. An experienced family law attorney should be able to review the relevant factors and discuss how they may apply to your individual case. At Southern Oaks Law Firm, we take the time to fully understand the facts of your case and work with you to obtain the best possible result under the law and in accordance with the best interest of your child or children.