Divorce Dex.com: Coequal Custody

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Definition Coequal Custody - a form of child custody in which both divorced parents share equal residential and legal custody of the child.

Application in Divorce In this form of child custody, visitation, as the term is normally understood, does not exist. This arrangement demands great cooperation between former spouses because each parent has a coprincipal residence that is alternately habituated by the child. This is also known as joint physical custody.

Not all divorced families can use coequal custody because it requires exacting cooperation between formerly married spouses and the parents typically must live close to each other.

The court will grant this type of custody award only when the parenting relationship and living arrangements are fit for such a solution. For obvious reasons, this type of custody arrangement must be desired and agreed upon by both parents before presenting it to the court for approval.

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Joint Physical Custody as An Option
Many divorcing parents believe a joint physical custody arrangement is an ideal solution until actually exploring what is involved to do it successfully. The court will always look at what is best for the child, and if living in two households seems too overwhelming and disruptive to daily routines, a judge will not even consider it. Keep in mind that joint does not necessarily mean it has to be 50-50 time and judges prefer blocks of overnights versus the child changing houses every other night.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Child Custody (Applicable in All States)

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