In the United States, each state has their own child custody laws after divorce. Custody decisions are based on the best interests of the child. Beginning with California in 1979, the concept of joint custody where both parents receive custody has prevailed throughout the country. It is assumed that growing up in contact with both parents is necessary for the healthy emotional upbringing of the child and is “in the best interests of the child”.

Joint custody consists of two elements, but the definition and content of parental authority and custody varies from state to state. In the state of Massachusetts, the following terms below are commonly used.

1. Joint legal custody: Both parents make joint decisions about the child’s upbringing, medical care, discipline, religious upbringing, etc. If the parents cannot agree, the court may intervene and decide on custody and visitation rights for them.

2. Joint physical custody: This determines how much time the child spends with each parent. There do exist cases, however, where one parent is awarded “sole custody” and the other parent receives visitation rights, although it is not common. This means that the child spends most of their time together with one parent and sees the other parents during visitation times. If a parent has previously abused the child, has crime records, or suffers from severe mental illness, visitation time may be restricted under court supervision.

Custody decisions are made by mutual agreement and written as part of the divorce agreement.

If no agreement is reached, various conditions are considered in deciding the outcome: who the primary caregiver is (especially if the child is still young), to which of the parents the child feels more attached to, and what type of custody would be best for the child’s welfare, to list a few. It is also possible to change custody once it has been decided, however, you must be able to prove that the circumstances have changed since the divorce and that the change is in the best interests of the child.

There may be instances where joint custody is not at all divided equally and states that one parent has “primary custody” in the divorce agreement, or that if a detailed agreement can be reached then the decision will follow the wishes of one of the parents. It is important that you review the agreement carefully before signing.

Visitation rights and child support payment are not hand in hand. Paying for child support does not automatically grant the right to see your child, and conversely, withholding payment of child support does not preclude your right to see your child. It is simply that meeting with the parents is considered highly important for the emotional development of children.