Saturday, July 6, 2013

If each parent has equal custody of thec hild (50/50 parenting time), who is considered the custodial parent?

Q: My ex and I are filing for an uncontested divorce and we have one child. We have split the parenting time 50/50. Can we state that we have joint physical custody? or does one parent have to be the custodial parent?

A: You would technically have what's called "shared" custody, as distinguished from joint custody. The former speaks to access time with the child, the latter speaks to decision-making. If your settlement agreement states shared, joint custody (& it's best to define what you mean by that), then it should be acceptable.  -- David Bliven, Westchester Family Law attorney (

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