Shared Physical Custody in North Dakota
Shared physical custody, also known as joint physical custody, refers to a custody arrangement where both parents share significant and roughly equal time and contact with their child. This arrangement is different from sole physical custody, where the child lives primarily with one parent and has visitation with the other.
Legal Definition and Context
In the context of North Dakota law, physical custody is defined as living with a child and exercising day-to-day care of the child (North Dakota Century Code 14-09.4-01). This includes the responsibility of making routine decisions about the child’s daily activities and needs, such as meals, bedtime, homework, and transportation to school or other activities.
When physical custody is shared, both parents have the right and responsibility to make these day-to-day decisions when the child is in their care. This arrangement requires a high level of cooperation and communication between the parents to ensure consistency and stability for the child.
Legal Considerations for Shared Physical Custody
In North Dakota, the court’s primary consideration in determining custody arrangements is the best interest of the child (North Dakota Century Code 14-09-06.2). The court will consider a variety of factors, including the child’s relationship with each parent, the child’s age and health, the ability of each parent to provide for the child’s needs, and the willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.
Shared physical custody is not automatically granted. The court will only order shared physical custody if it is in the best interest of the child. The court will also consider the geographical proximity of the parents’ residences, the parents’ ability to communicate and cooperate with each other, and the parents’ willingness to share custody.
Parenting Plan and Decision-Making Responsibility
In cases of shared physical custody, a detailed parenting plan is crucial. According to North Dakota Century Code 14-09-30, a parenting plan must include provisions regarding decision-making responsibility, information sharing and access, legal residence of a child for school attendance, residential responsibility, parenting time and schedule, transportation and exchange of the child, procedure for review and adjustment of the plan, and methods for resolving disputes.
The parenting plan should clearly outline how the parents will share and divide responsibilities. It should also provide a schedule that details when the child will be with each parent, including arrangements for holidays, birthdays, and vacations.
Conclusion
Shared physical custody in North Dakota involves both parents sharing in the day-to-day care and decision-making for their child. It requires a high level of cooperation and communication between the parents and is only granted if it is in the best interest of the child. A detailed parenting plan is crucial in cases of shared physical custody to ensure clarity and consistency for the child.