While joint physical custody might work well for some families, it is not always a perfect compromise. Even if both parents can spend a lot of time with their children, the day-to-day reality of maintaining a strict schedule has the potential to cause a lot of problems. With this in mind, it is important to consider the complications you might face with shared physical custody.
Common problems families face with joint physical custody
Courts in Indiana award joint (or shared) physical custody if they deem that your child would prosper most from spending equal time with both parents. According to Indiana Code 31-17-2-8, the state decides custody based on your child’s best interests. Judges determine the best interests of children through a number of factors such as: their adjustment to their home, school and community, patterns or history of domestic abuse, the interrelationship of the parties and the children, as well as the mental and physical health of the children and each of their parents.
However, even if the Court believes that joint physical custody is what is best for the child, complications may arise. Major problems you may encounter include:
- Constant scheduling friction: If schedules are too tight, work shifts, school events, holidays and sick days can cause disputes between you and the other parent.
- Communication breakdowns: If both parents do not openly communicate with one another about education, health care and discipline, their child may struggle to internalize what they are taught.
- Distance and transportation strain: Even moderate travel time can cause children stress and disrupt sleep, homework and extracurricular activities.
- Different rules in each home: Contradictory bedtime routines, screen limits or discipline has the potential to cause behavioral problems and stress in your children.
- Uneven workload: One parent might have more responsibilities than the other, even if parenting time looks equal on paper.
- New partners and blended family conflict: Children might struggle with new family members if one parent remarries or has a partner who plays a parental role.
- Increased litigation risk: If both parents have too many grievances or disagreements, they may return to court to modify or enforce custody orders.
Joint physical custody can also raise practical disputes. While parenting time (overnight credit) impacts child support, it is not the primary aspect. Child support is primarily based on the income of each parent and the total number of children. While a concrete parenting plan can reduce conflict, gaps in the plan often lead to arguments about where you should exchange children, late pickups and which parent must pay for activities.
What can you do to reduce the risk of these problems from happening?
While it may be impossible to prevent the problems that may come with joint physical custody, there are steps you can take to reduce the risk of them happening. It is important to create a strong parenting plan with a realistic schedule. You should set clear parenting time exchange rules, reasonable communication methods and ways to resolve issues short of litigation. Being child-focused, understanding, mature, honest and open, showing grace and having flexibility will not only help the children in shared physical custody situations, but also decrease any likelihood of court intervention.