Back To School: What You Need To Know If You Have Joint Custody.

The concept of Joint Custody can be quite daunting for parents of minor children to understand, especially when getting ready for the children to start the new school year. Custody is made up of two categories: Legal Custody and Physical Custody. This guide provides an in-depth exploration of joint legal custody and joint physical custody, offering practical strategies to ensure a smooth transition for your child. By aligning decisions with the child’s best interests, as outlined in California Family Code §3011, parents can navigate the school year effectively. Below, we retain the original guidance while enhancing it with actionable insights, FAQs, and resources from the Reape-Rickett Law Firm.

Understanding Joint Legal Custody

Joint legal custody means both parents shall share the right and the responsibility to make decisions relating to the health, education, and welfare of a child (Cal. Family Code §3003). This broad definition encompasses everything from choosing the type of school (public, private, religious), the school district (where a parent lives or works), or if the child is on the birthday cusp, should the child start school at all or wait another year to do so. Also, you will need to discuss where the child will receive medical care, including school-required immunizations, and ensure that both parents are available for medical appointments, if needed.

If you have joint legal custody, you must discuss each of these aspects with the other parent before making any decision on your own. If you cannot agree with the other parent, seeking the advice of an attorney may be necessary to determine your rights before making a unilateral decision. Finally, make sure both parents are accurately listed on all the school forms, especially emergency contact forms. Both parents should talk to the child’s teacher and make sure he or she is aware that, on all occasions, both parents need to be informed about what is expected of their child and what events are coming up during the school year.

Key Decisions in Joint Legal Custody

To ensure compliance with joint legal custody, parents must collaborate on several critical decisions:

• School Selection: Choose between public schools, private schools, or religious institutions, considering factors like curriculum and proximity to parental residences. For example, if one parent lives in a district with a top-rated school, discuss whether the child should attend there.
• Medical Care: Agree on healthcare providers for immunizations (e.g., MMR, DTaP) and routine check-ups. Ensure both parents have access to medical records.
• Extracurricular Activities: Choose activities such as soccer or piano lessons, considering both the cost and scheduling impacts.

Navigating Joint Physical Custody

Joint Physical Custody is a bit easier to understand, as it exists where the child spends significant time with both parents (Cal. Family Code §3004). Often, the parent with a lesser share of time has more time with the child over the summer and less during the school year. That transition back to the normal schedule may be difficult for the child. Do your best to aid the transition by explaining to the child that they still get to spend significant time with both parents. Also, do your best to communicate amicably with the other parent regarding things like the child’s homework, school projects, other class requirements, and upcoming school events to ease the child’s concerns.

Time-Sharing Arrangements

Joint physical custody typically involves a 30/70 or 40/60 time-sharing split during the school year, with adjustments in summer. For instance:

• School Year: The primary custodian may have the child 70% of the time, covering most weekdays for school stability.
• Summer: The other parent may have 50/50 or 60/40 time-sharing, allowing extended bonding.

To support your child’s emotional stability, discuss schedule changes openly, reinforcing that both parents remain involved.

Managing School-Related Expenses

Even if your custody arrangement remains the same during the school year as it does in the summer, there may still be disagreements with the other parent over things like paying for school supplies, field trips, and extracurricular activities. Read over your court documents (Judgment, Orders, etc.) to see if those items are highlighted as to how the costs are to be divided. If you have no Court Order or other written agreement, talk to the other parent about how to divide the cost of those items. If you cannot agree, it is reasonable for the parent who has the children for a larger percentage of the time, or more time during the weekdays, to be responsible for school expenses. It is assumed that child support is used for this purpose, if applicable. Extracurricular activities, on the other hand, can either be paid entirely by one parent, split 50/50, split by the time-share percentage or each parent can pay for an activity of their choice.

Cost-Sharing Strategies

To prevent disputes, consider these cost-sharing models:

• 50/50 Split: Both parents equally cover costs for school supplies (e.g., notebooks, pencils) and field trips.
• Proportional Split: Divide expenses based on time-sharing (e.g., 70/30 if one parent has 70% custody).
• Activity-Based Split: Each parent funds a chosen extracurricular activity (e.g., one pays for soccer, the other for art classes).

If your court order or parenting plan lacks clarity, negotiate with the other parent in writing. If disputes persist, mediation can help reach a fair agreement, prioritizing the child’s best interests.

Effective Communication Strategies

Every situation is different, you have to do what works best for you. If you cannot come to an agreement on your own, contact a neutral party to assist in mediating an agreement or seek legal advice. Keep in mind, the goal is always to do what it is in the child’s best interest. Communication with the other parent is key to keep the stress level down during this time of year and help the child transition back to school.

Tools and Techniques for Co-Parenting

Effective communication is critical for joint custody success. Implement these strategies:

• Early Discussions: Address school choices, medical care, and activities before the school year starts.
• Written Agreements: Confirm decisions via email or co-parenting apps to avoid misunderstandings.
• Teacher Engagement: Ensure both parents receive report cards, event notifications, and parent-teacher conference invites.

Role of Mediation in Resolving Disputes

When communication breaks down, mediation offers a neutral platform to resolve conflicts. A mediator facilitates discussions on issues like school expenses or time-sharing, helping parents draft a revised parenting plan. Mediation is often faster and less costly than court proceedings, aligning with California Family Code §3170.

Additional Considerations for Joint Custody

To ensure comprehensive coverage, consider these additional aspects of joint custody during the school year:

Custody Modification for School Schedules

If the current custody arrangement does not suit the school year, parents may request a custody modification. For example, adjusting time-sharing to align with a new school district or parental work schedule. Courts evaluate modifications based on the child’s best interests, requiring evidence of changed circumstances (California Family Code §3087).

Impact on Child’s Academic Performance

Joint custody can influence a child’s academic performance. Studies show consistent parental involvement improves grades and behavior. To support your child:

• Attend parent-teacher conferences together.
• Monitor homework completion across both households.
• Encourage participation in extracurricular activities to boost confidence.

FAQs About Joint Custody and the School Year

What is the difference between joint legal and joint physical custody?

Joint legal custody involves shared decision-making on health, education, and welfare (Cal. Family Code §3003). In contrast, joint physical custody means the child spends significant time (e.g., 30/70 split) with both parents (Cal. Family Code §3004).

How do parents split school expenses in joint custody?

Expenses like school supplies and field trips are often split 50/50, proportionally (e.g., 70/30), or covered by the primary custodian using child support. Review your court order or negotiate with the other parent.

Can I make school decisions without the other parent’s consent?

No, joint legal custody requires mutual agreement on major decisions. Unilateral decisions may violate California Family Code §3003. Consult an attorney if disputes arise.

What if we disagree on extracurricular activities?

Negotiate a split based on time-sharing or have each parent fund a chosen activity. If unresolved, mediation can help draft a fair agreement.

How do I modify a custody agreement for the school year?

File a custody modification request with evidence of changed circumstances (e.g., new school schedule). Courts prioritize the child’s best interests (Cal. Family Code §3087).

Navigating joint custody during the school year requires clear communication and collaboration. If you need assistance with parenting plans, mediation, or custody modifications, the Reape-Rickett Law Firm is here to help. Contact us today to schedule a consultation and ensure your child’s best interests are protected.