Despite the ongoing COVID-19 health crisis, TCZ Law remains open and dedicated to providing an outstanding service to all clients. While you may have previously preferred to deliver your information and meet with us in-person at our office, we recommend other alternatives, such as scheduling a phone call or video conference to substitute for face-to-face meetings, and emailing us your personal information at your convenience.

Blog

What is the difference between joint custody and shared custody?

When parents separate or divorce in Toronto, one of the key decisions that needs to be made is the parenting arrangements for their children. One option for parenting arrangements is joint custody, while another option is shared custody. Although these terms are sometimes used interchangeably, they have different meanings under Ontario family law.

What is Joint Custody?

Joint custody means that both parents have legal custody of the children, and are responsible for making important decisions about the children’s upbringing. This can include decisions about education, health, and religion. Joint custody can be a good option for parents who want to share responsibility for their children’s upbringing, but may not be able to have equal time with the children due to work or other commitments.

What is Shared Custody?

Shared custody means that the children spend at least 40% of their time with each parent. This can involve a variety of parenting arrangements, such as alternating weeks or weekends, or having the children spend weekdays with one parent and weekends with the other. Shared custody can be a good option for parents who want to ensure that their children have equal time with both parents, and who are able to share the day-to-day care of the children.

Differences between Joint and Shared Custody

The key difference between joint custody and shared custody is the amount of time that the children spend with each parent. In joint custody, the children may live primarily with one parent, but both parents have legal custody and are responsible for making important decisions about the children’s upbringing. In shared custody, the children spend at least 40% of their time with each parent, and both parents share responsibility for the day-to-day care of the children. Shared custody is a more equal distribution of parenting time, while joint custody is a more equal distribution of decision-making responsibility.

Advantages of Joint Custody

Joint custody can provide children with stability and consistency, as they live primarily with one parent but both parents are involved in making important decisions about their upbringing. This can help minimize the disruption caused by separation or divorce. Joint custody can also help promote a healthy co-parenting relationship, as both parents have a say in important decisions about the children. Additionally, joint custody can provide parents with more flexibility in their schedules and personal lives, as they are not responsible for the day-to-day care of the children.

Advantages of Shared Custody

Shared custody can provide children with a sense of balance and equal time with both parents. This can help ensure that children maintain strong relationships with both parents after separation or divorce. Shared custody can also promote a healthy co-parenting relationship, as both parents share responsibility for the day-to-day care of the children. Additionally, shared custody can provide both parents with more flexibility in their schedules and personal lives, as they share responsibility for the day-to-day care of the children.

Factors Considered in Determining Custody

When determining custody arrangements, the court will consider a variety of factors, such as the children’s relationship with each parent, their preferences, and any special needs or circumstances. The court will also consider the ability of each parent to provide a safe and stable environment for the children. The best interests of the children are always the primary consideration in determining custody arrangements.

Choosing Custody Arrangements

Parents in Toronto can work together to choose a custody arrangement that works best for their family. They can also seek the assistance of a TCZ Lawyer Eric Zhao to help them negotiate an agreement. If parents are unable to agree on custody arrangements, they may need to seek assistance of court order. It is important for parents to consider their children’s needs and best interests when choosing a custody arrangement, and to be flexible and open to compromise.

In conclusion, joint custody and shared custody are two options for parenting arrangements when parents separate or divorce in Toronto. Understanding the differences between these two options, as well as the factors considered in determining custody, can help parents make informed decisions about the parenting arrangements for their children.