Gone are the days where a mother automatically “wins” physical custody during a divorce or family law matter.  There is compelling research that both parents play an “equally” important role in raising well-adjusted children into adulthood.  However, most individuals do not realize there are different meanings when you agree to “joint custody.”  The phrase “joint custody” has been manipulated by many parents to have the other parent believe that they are sharing physical custody of their children when it couldn’t be farther from the truth.  There are two aspects of custody: legal decision-making and physical residence.  Physical custody defines which parent has the child for more than 50 percent of the calendar year.  For parents sharing “joint physical custody,” the child resides with each parent for an equal amount of time during a calendar year.  For residential custody, also called physical custody, the child lives with one parent more than 50 percent of the time during a calendar year and the other parent has parenting time, as parents no longer are viewed as “visiting” their children.

With this in mind, parents seeking joint custody must make a strong showing of how the child's overall well-being will be promoted. Here are some ways you can strengthen your case:

1. Demonstrate a willingness to cooperate — This includes being open to joint decision-making on matters involving the child’s education, health, and extracurricular activities. Avoid demonstrating hostility or an adversarial nature. Instead, communicate respectfully with the other parent, even in challenging situations. Save and present emails or text messages showing your ability to maintain productive discussions about the children’s needs. Being willing to work with a co-parenting counselor can further show your commitment to a joint arrangement.

2. Maintain a strong relationship with your child — Show that you are involved in your child's daily life, such as by participating in after-school activities and being interested in hobbies and pursuits. Also, provide evidence that you have taken the child to doctors’ visits and other necessary appointments. Ask for references from teachers, coaches or other people with direct knowledge. This helps demonstrate your dedication to meeting the child’s needs.

3. Propose a workable parenting plan — A thorough, detailed plan should outline how both parents will share time with the children, handle transportation, respond to emergencies and make decisions about education, healthcare and other important matters. A comprehensive plan signals the parents’ commitment to working together for the child’s benefit. The plan should also be realistic and flexible enough to accommodate changes, such as schedule shifts, vacations and the child’s evolving needs. 

4. Assure the court of stability — Courts seek to minimize disruption in the child’s life. Show evidence that you will be able to offer a safe, comfortable living environment that is conducive to raising a child. This will ideally be close to the child's school and community, so that your child can maintain continuity in their education and social relationships. Helpful evidence includes steady employment, a safe home environment and positive family relationships.

A skilled New York child custody attorney knows how to gather and present evidence to make the strongest case possible for joint custody, either in the divorce or in a subsequent modification motion.

Bombardo Law Office, P.C. in Syracuse advises clients throughout Central New York on child custody and visitation arrangements. To schedule a consultation, please call 1-315-488-5544 or contact me online.