- October 4, 2024
- Child Custody
If you’ve never been involved in a child custody case before, the process can be stressful and disorienting. You might find yourself having to advocate for your rights as a parent while navigating a sea of new and unfamiliar terminology. In Colorado, the terms “joint custody” and “shared custody” are among the most confusing for parents new to the legal system. While some states use the terms interchangeably, they have separate meanings in Colorado — and understanding those meanings is a critical part of your custody case. Here’s a look at the differences between joint custody and shared custody.
In Colorado, joint custody is when parents share equal legal custody (decision-making responsibilities) but do not necessarily have equal parenting time. Shared custody is when parents have equal or almost equal physical custody (parenting time) but do not necessarily have equal authority to make decisions.
Physical Custody vs. Legal Custody
In order to truly understand the differences between joint custody and shared custody, you first must understand the difference between two related concepts: physical custody and legal custody. Colorado uses the term “allocation of parental responsibilities” (APR) instead of “custody.” It also uses “parenting time” instead of physical custody/visitation and “decision-making responsibility” instead of “legal custody.”
Despite the state’s official terminology, many people still use the terms “physical custody” and “legal custody” when discussing parental responsibility cases. Here’s a look at the differences between these two types of custody.
Physical Custody (Parenting Time)
Physical custody (or parenting time) refers to the right and responsibility to make a home for the child and care for them on a daily basis. When you have physical custody of your child, you’re responsible for making everyday decisions for them: what they’ll wear to school, what they’ll have for dinner, when they’ll go to bed, etc.
In some cases, “parenting time” refers to visitation, or the right to spend time with your child without necessarily creating a permanent home for them. For example, if you are financially unable to maintain a safe home for your child, you may be able to visit them during the day without taking on the responsibility of housing them.
Legal Custody (Decision-Making Responsibility)
Legal custody (decision-making responsibility) refers to the right to make major decisions about the child’s life. That might include the following:
- Determining where the child will go to school
- Deciding on the child’s religious upbringing
- Determining extracurricular activities
- Making decisions about the child’s health care.
It’s important to note that legal custody only covers major decisions. For example, if a child’s mother has legal custody and the child is visiting their father, the father doesn’t have to get the mother’s approval when deciding what to make the child for lunch.
Trouble determining what custody arrangement is right for your child and your family as a whole? Call Price Family Law at 720-615-1750 for a free consultation today.
What Is Joint Custody?
Making Decisions for Your Child’s Future
In a joint custody arrangement, parents share decision-making responsibility (legal custody) for the child, but they do not necessarily have equal parenting time. For example, in a joint custody arrangement, you and the child’s other parent must jointly make decisions about schooling, health care, and other important aspects of your child’s life — but the child may live with you most of the time and only see the other parent every other weekend. When you have joint custody, your decision-making authority with the other parent is truly equal. You must make important decisions for the child together, and neither of you gets the final say.
What Is Shared Custody?
Sharing Quality Time With Your Child
Shared custody is essentially the inverse of joint custody. With shared custody, parents have equal or approximately equal parenting time (physical custody), but they do not necessarily share decision-making responsibility (legal custody). For example, in a shared custody arrangement, the child might spend alternating weeks with you and the other parent. Still, you may be the only one responsible for making major life decisions.
As long as the child has a good relationship with both parents, shared custody is often best. However, shared custody can often pose logistical concerns. If parents are having trouble coming up with a schedule that works for everyone, they might start with one of these typical arrangements:
- Alternating weeks (a week with one parent and the next week with the other parent)
- Each parent has the same two weekdays (Monday through Tuesday or Wednesday through Thursday) and alternating weekends (Friday through Sunday)
- 2-2-3 (two days with one parent, two days with the other, and three days with the first).
The child’s age should play a part in custody schedule determinations. For instance, because very young children shouldn’t spend too much time away from either parent, a 2-2-3 schedule might be preferable to alternating weeks.
How Do Courts in Colorado Determine Custody Arrangements?
Joint and shared custody have their differences. If your child custody case is to be decided by the court, a family court judge will determine whether joint custody, shared custody, or another arrangement (like sole custody for one parent) is more appropriate.
You might wonder how the court determines what kind of custody arrangement is best. Like other states, Colorado makes custody determinations that are in the best interests of the child. Colorado law outlines nine factors that the court must consider when deciding whether shared custody is in the child’s best interests:
- Child’s preference (if they are old enough to express one)
- Parents’ wishes
- Existing relationship the child has with each parent
- Child’s existing school and community
- Physical and mental health of the child and parents
- Each parent’s ability to encourage the child to have a relationship with the other
- Whether each parent’s historical involvement with the child has been safe and supportive
- Each parent’s ability to place the child’s needs ahead of their own
- How far apart the parents live.
When deciding if joint custody is best for the child, the court considers three additional factors:
- Whether you and the other parent have historically made joint decisions that benefited your child
- Whether you and the other parent can cooperatively make decisions now
- Whether making joint decisions would make it easier for the child to spend more time with either parent.
If you are in the midst of a divorce and the child’s other parent is fighting for sole custody, it’s critically important that you be able to show that it’s in your child’s best interests to spend equal time with you. A family law attorney can help you build a case and argue for your rights in court.
Need Help With a Child Custody Case?
In the world of family law, many cases are fraught with emotion. That makes it harder for all parties to make clear, reasoned decisions — and it also makes it that much more important to work with an experienced family law attorney. At Price Family Law, we have helped countless Colorado families reach custody decisions that prioritize their children’s well-being.
If you are in the middle of a custody case or think you are about to be, call us at 720-615-1750 to set up a free consultation today.