both parents are considered the custodial parent in joint custody.
both parents are considered the custodial parent in joint custody.
who is considered the custodial parent in joint custody?
both parents
where the child will live with both parents, joint physical custody is ordered, and both parents are custodial parents. in the case of joint physical custody a 50/50 equal shared parenting schedule is typically not required, therefore the joint custodial parent may have the minority of time with the child but not be said to be a non-custodial parent. for example, states such as alabama, california, and texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as arizona, georgia, and louisiana do require joint custody orders to result in substantially equal parenting time where feasible.
noncustodial parent
at the time the hague abduction convention was drafted domestic violence was never explicitly considered as an affirmative defense for child abduction, although it may be brought as a defense under article 13, if "there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation." article 13 supposed that the child's primary caretaker would abduct the child to escape the domestic violence of a non-custodial parent. at the time of the conventions drafting, joint custody laws were rare. one parent was usually both the custodial parent and primary caretaker while the other, non-custodial parent had rights of access. the move towards joint custody laws conferred both the parent who acted as the primary caretaker and their ex-partner with custodial rights and, by extension, a right to request the return of children wrongfully removed from their place of habitual residence. in addition to not accounting for a shift in child custody law towards shared parenting and joint custody, according to weiner, the framers of the convention also did little to account for the motivation for abducting a child, generally assuming that all abductions were harmful to children; however, the child's primary caretaker may be fleeing with a child to protect himself or herself from a dangerous domestic situation.
international child abduction