Married couples and parents who are in committed relationships typically share their responsibilities. They work together to raise their children. When their relationship with one another changes, their family dynamic may change as well.
Parents may feel uncertain about their rights during a breakup or divorce. Some parents make the mistake of giving up many of their most valuable parental rights. They agree to custody arrangements that favor the other parent. Those who understand their rights and responsibilities can use that knowledge to help them navigate a breakup or divorce and pursue terms that work well for the whole family.
Typically, there is an expectation that parents should share parental rights and responsibilities. Most parents share the three parental duties outlined below when they separate or divorce.
1. Physical custody or time with the children
Most discussions about shared custody focus on physical custody or parenting time. The allocation of parenting time is both a responsibility and a privilege.
Parents have the right to spend time with their children. They have an obligation to provide for their children’s basic needs during their parenting time. Parents have to provide food, access to healthcare and shelter. They have to make arrangements for childcare and transportation as necessary.
2. Legal custody
Parents also usually share legal custody, which is the authority to make decisions about their children. When divorced or separated parents share custody, they typically have to regularly discuss their children and work together to make choices that are in the children’s best interests.
Parents have to choose where their children attend school, what medical care they receive and what religion they observe. Parents may find it difficult to work cooperatively to make decisions after they separate from one another.
3. Financial responsibility
When parents live separately and share custody, both of them have to provide for the basic needs of the children. Typically, that entails maintaining appropriate living spaces for the children.
When there is a discrepancy in parenting time or household finances, the courts may require that one parent provide child support to the other. Child support helps to ensure that the children receive appropriate care and have a reasonable standard of living at both homes.
It can be difficult for parents to work cooperatively to share parental rights and responsibilities. They may even struggle to agree on terms for how to divide those rights and responsibilities. Understanding what the courts expect parents to share can be the first step toward negotiating appropriate shared custody arrangements. Parents who find themselves disagreeing on key decisions may need help preparing for negotiations or to take the matter to family court.