Also known as: shared-custody · joint custody
Written by attorneys · grounded in primary & secondary sources — see below
A form of child custody in which two or more parties share physical custody, legal custody, or both of a child.
Samantha Stone and her former partner separated after their daughter turned seven. The longtime nanny, Sebastian Santos, petitioned for authority over school and medical decisions while the child split time between the parents' homes. The court awarded joint custody to Sebastian Santos and Samantha Stone under the statute permitting such orders to a nonparent and a parent.
Samuel Soto and Spencer Silver agreed their son would reside equally with each parent after divorce. The decree recited that custody encompasses physical custody, legal custody, or both and expressly includes shared custody. The court entered the order confirming the equal-time arrangement as shared custody.
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Sean Steele and Stephen Shaw divorced but continued to consult each other on their daughter's education and health care. The final decree granted them shared legal custody while the child alternated weeks between their homes. Both parents retained equal authority over major decisions.
Sierra Solutions employee Samantha Stone placed her child with a consistent caregiver during work travel. The caregiver later petitioned for shared custody after the biological parent objected to continued involvement. The court evaluated whether the caregiver's relationship supported an award of shared custody rights.
Spencer Silver and Samuel Soto held joint physical custody under an earlier decree. One parent later sought sole custody after the other relocated. The court assessed whether changed circumstances justified ending the shared custody plan.
Sebastian Santos and his former spouse maintained shared custody across borders. One parent removed the child without consent. The court examined whether the shared custody order created rights enforceable under treaty provisions governing custody.
Shared custody involves the child residing with or the parties exercising day-to-day care or decision-making authority. Visitation grants only the right to spend time with a child who lives with another person. A request limited to scheduled time while the child remains in another household is characterized as visitation rather than shared custody.
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A court may award joint custody to a nonparent and a parent when the nonparent seeks custody. The statute expressly authorizes this form of shared custody. The nonparent must satisfy standing and substantive requirements under the act.
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An informal schedule allocating substantial time to a nonparent may support shared physical custody when the parents consent. The arrangement must reflect a deliberate division of caregiving rather than compensated childcare. Courts examine whether a court order or written agreement designates the nonparent as a joint custodian.
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Modification requires proof of a material change in circumstances arising after the decree or previously unknown to the court. The change must also make modification necessary to serve the child's best interests. The court retains the prior custodian unless both elements are satisfied.
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…to be consistent with the Due Process Clause. Caban involved the conflicting claims of two natural parents who had maintained joint custody of their children from the time of their birth until they were respectively two and four years old. The father challenged the validity of an order authorizing the mother's new husband to…