What Rights Do Parents Have in Joint Custody?
June 13, 2025
Joint custody means working together to make important decisions, manage daily responsibilities, and provide a stable environment for children to grow and thrive. Having a clear understanding of our rights can help us work through the process and focus on what matters most: our children.
At the James B. Bennett Law Office, we know that child custody decisions are often among the most emotional and challenging issues families face. When parents share joint custody, understanding each parent's rights becomes essential to protecting not just the legal arrangements but also the well-being of the children involved.
How Is Joint Custody Defined?
Before we can fully explore our rights as parents, it helps to understand what joint custody means. There are generally two types of joint custody arrangements:
Joint legal custody: Both parents share the right to make major decisions about the child's upbringing, including education, healthcare, and religious training.
Joint physical custody: The child spends significant amounts of time with both parents, although not necessarily an equal split.
These arrangements may be combined or separated depending on what serves the child's best interests. Knowing the structure of the custody agreement is crucial to knowing what rights each parent holds.
The Right to Make Decisions
One of the most important aspects of child custody is the right to make decisions that affect the child's life. In a joint custody arrangement, both parents generally have equal input on key matters, such as:
Educational decisions: Where the child attends school, participation in tutoring programs, and involvement in extracurricular activities.
Healthcare decisions: Choosing doctors, approving medical treatments, and making mental health care arrangements.
Religious upbringing: Deciding how—or if—the child is introduced to religious practices.
Because decision-making rights are shared, disagreements can occur. When conflicts arise, it helps to refer to the custody agreement or seek legal guidance to resolve them without unnecessary tension.
Parenting Time and Visitation Rights
Another critical right in joint custody arrangements involves parenting time, also called visitation. Each parent typically has the right to spend meaningful time with the child, though the schedule may vary.
Common parenting time arrangements include:
Alternating weeks: The child spends one week with one parent, then one week with the other.
Split weeks: The child spends part of the week with one parent and the rest with the other.
Custom schedules: Parents may agree to unique schedules based on their work commitments, the child's activities, or other factors.
Maintaining a consistent parenting time schedule is important because it provides stability and predictability for both the parents and the child.
The Right to Access Information
Sharing custody also means sharing access to important information about the child. Both parents usually have the right to:
School records: Report cards, disciplinary actions, and attendance records.
Medical records: Immunization histories, prescription information, and specialist visits.
Legal documents: Passports, birth certificates, and social security information.
Access to these records is crucial for making informed decisions and staying involved in the child's life, even when the child spends time with the other parent.
Financial Responsibilities and Rights
In many child custody arrangements, financial responsibilities are clearly outlined. While child support obligations are typically assigned to one parent based on income and time spent with the child, both parents still share financial responsibility for the child's needs.
Financial rights and obligations often involve:
Sharing educational expenses: Including school supplies, uniforms, and tuition for special programs.
Covering healthcare costs: Beyond basic insurance, parents may need to split expenses for therapy, dental care, or emergency treatments.
Paying for extracurricular activities: Sports teams, music lessons, or summer camps may require cost-sharing agreements.
Knowing how financial responsibilities are divided helps us avoid conflicts and focus on supporting our child's growth and development.
Respecting Each Parent's Role
While joint custody provides equal legal rights, successful arrangements often depend on mutual respect and cooperation. Each parent has the right to:
Parent without interference: When the child is in one parent's care, that parent has the right to make routine daily decisions.
Express opinions on major issues: Even when we disagree, each parent’s views matter.
Participate in important life events: Attending school plays, sports games, and parent-teacher conferences.
Respecting these rights creates a healthier environment for the child and promotes a cooperative co-parenting relationship.
What Happens When Disputes Arise
Disagreements are inevitable in any joint custody situation. It’s important to have a plan for managing conflict when it occurs. Many custody agreements include provisions for resolving disputes, such as:
Mediation: A neutral third party helps both parents find common ground.
Counseling: Family counseling can sometimes ease tension and improve communication.
Court intervention: In rare cases, returning to court to modify the custody agreement may become necessary.
Addressing disputes early and respectfully often prevents bigger problems later and supports the stability that child custody arrangements are meant to provide.
Relocation and Its Effect on Custody Rights
Relocation is a common issue that can affect child custody arrangements. If a parent wishes to move to a new city or state, it may require legal approval.
Important points to consider about relocation include:
Notification requirements: Parents often must provide advance written notice before moving.
Court approval: If relocation affects the existing custody schedule, a judge may need to approve a modification.
Best interests of the child: The court's primary focus will be whether the move serves the child's best interests.
We must be mindful of these requirements to preserve our rights and maintain strong relationships with our children.
Modifying Custody Agreements
Life circumstances often change, requiring updates to custody arrangements. A modification might be necessary if:
One parent relocates: Moves that impact the parenting schedule often require formal changes.
A parent's work schedule changes: Significant changes to availability may require reworking custody terms.
The child's needs evolve: As children grow, their educational, social, or medical needs may shift.
Seeking legal modification through the courts provides a formal, enforceable update to the original agreement and protects everyone's rights.
The Importance of Communication in Joint Custody
Consistent, respectful communication between parents plays a major role in making joint custody work. Open communication allows parents to:
Coordinate schedules: Avoid confusion and prevent missed appointments or activities.
Share important information: Keep each other updated on health issues, school events, and new developments.
Resolve small issues before they become big problems: Timely discussions prevent misunderstandings.
Communication doesn't have to be perfect, but it does need to be open, respectful, and focused on the child's best interests.
How Our Firm Supports Parents in Joint Custody Matters
At the James B. Bennett Law Office, we understand the emotional challenges that child custody matters bring. Our approach is based on providing friendly service, fair treatment, and results-driven strategies. We believe in taking the time to get to know each parent and their unique situation so we can offer personalized, effective legal solutions.
Our goals include:
Helping parents understand their rights: We provide clear explanations of custody terms and legal options.
Fighting for fair treatment: We work tirelessly to make sure our clients' voices are heard.
Building strategic plans: Every family is different, so we craft solutions that reflect individual needs.
With experience serving families in El Dorado, Arkansas, and all of South Arkansas, we are committed to guiding parents through every step of the child custody process.
Contact Us Today
If you have questions about your rights in a joint custody arrangement, reach out to the James B. Bennett Law Office today. We proudly serve El Dorado, Arkansas, and communities throughout all of South Arkansas. Let us help you move forward with confidence and clarity.