Shared Parenting: The Contemporary Legal System Of Allocating Custody

The legal arrangement viz-a-viz child custody is taking a new direction in some states. A couple of years back, custody was meant to be the sole responsibility of one parent. But it is a different ball game. It has been replaced with a system that seek to allocate the roles, responsibilities and rights of child care and protection among parents so that each parent can fully participate in ensuring the proper well being of a child. Under this arrangement, certain things come into play to factor the final verdict rendered by a court.

Shared Parenting: The Contemporary Legal System Of Allocating Custody

Allocation of Child Parenting Among Parents

In more recent times, court verdict with respect to child parenting and custody can be rendered in two ways which are highlighted below:

  1. Parenting may be allocated by a court in a manner that one parent is legally bestowed with the sole right and responsibility of taking care of child. Under this hood, the parent acts as the child’s primary keeper or residential parent. Adding to that, other rights and responsibilities of support for the child will be allocated among the parents. This arrangement also allows the non residential parent to maintain proper contact with the child.

2. On the other hand, a court may render a legal verdict that shares parenting roles among parents- that is each parent fully participates in the custody and support of a child. The verdict is rendered in a way that conforms to a parenting plan legally agreed on by both parents, conferring primary custody as well as residence on both parents. For that, irrespective of where the child is or lives, both parents have a justifiable claim to the child residency- this is called shared parenting. Long and the short of it, shared parenting makes both parents residential parents.

Shared Parenting

Mostly referred to as joint parenting, shared parenting paves the way for both parent of a child to share the primary responsibility and right to custody  for a child. The process involves the court issuing a verdict that requires both parents to share the fundamental roles of taking care of a child physically and otherwise. However, it doesn’t operate on a fifty/fifty basis- that is to say that the responsibilities mustn’t be shared equally. There could be difference in the time each parent spends with the child.

When rendering a verdict for shared parenting, there are factors taken into account by the court to determine what is best for a child. For that the court will use those factors to determine the interest of the child. Here are the factors:

  • Parent’s interest
  • The child’s concern
  • The relationship between a child and a parent and persons alike that will impact significantly on the general well being.
  • The mental health of the parents and others involved in the process
  • The location of the child’s school
  • The ability of the child to adapt to a place
  • The tendency a parent to honor the terms of visitation stated in the order

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