Joint custody of children arises when custody of a child is awarded to both parents on foot of a court order.


The child has 2 custodial parents therefore but many states in the U.S. recognise 2 types of joint custody–joint physical custody and joint legal custody.

Joint Legal Custody

This involves both parents essentially having the right to make all decisions relating to the child and both parents would have access to hospital records and any other official or indeed unofficial records relating to the child.

Joint Physical Custody

This involves joint physical care and generally works according to a court ordered custody schedule, commonly known as a ‘parenting plan’ or ‘parenting schdeule’.

In many states, joint physical custody creates an obligation to provide each of the parents with “significant periods” of physical custody so as to assure the child of “frequent and continuing contact” with both parents.

But these definitions are ill defined and it can be left up to the parents to litigate in order to find out the precise boundaries.

It is worth noting also that one parent could have sole physical custody of the child even though both parents have joint legal custody.

The legal costs if there are disputes can really mount up because of the interaction between parents in circumstances like these because both parents will be in regular contact in order to afford the appropriate rights to the other parent.