Who Is the Custodial Parent in 50/50 or Joint Custody?
When a court orders equal parenting time, the arrangement is called joint physical custody or something similar. When it orders parents to make important parenting decisions together, the arrangement is called joint legal custody. Parents who feel they're contributing equally may see no use for the terms custodial and noncustodial parent — but courts sometimes do.
What does 'custodial parent' mean?
The custodial parent is the child's primary caregiver. Even in a joint custody agreement, parents can name the custodial parent, or the judge can name one.
When you have equal shared parenting, the purpose of naming a custodial parent might just be to know where to enroll your child in school. Your child will go to the school in the town where their custodial parent lives, giving the noncustodial parent the opportunity to live in a different town or move around without disrupting the child's schooling. The child likely provides the same address whenever an address is requested, e.g., for extracurriculars or applying for public assistance.
Custodial parent in child support
In child support, the parent who pays money is often called the noncustodial parent, and the parent who receives these payments is often called the custodial parent. Parenting time can affect the support amount, but just because parents split time equally doesn't mean there's no support payment at all. Each location has its own child support guidelines. Thus, even parents with 50/50 custody may receive a designation of custodial and noncustodial parent.
Custodial parent on US taxes
The IRS has its own meaning of custodial parent: usually it's the parent who had the most overnights during the year, but if the overnights were exactly 50/50, then it's the parent with higher income. This parent has the right to claim the child on their taxes, but if they want, they can let the noncustodial parent claim the child in any given tax year.
Can both parents be custodial?
Custodial parent is a legal designation, and no matter how well you get along or how much property you share, your local court may only allow one of you to have it.
If it's important to you that both of you be custodial parents, consult a lawyer near you to find out if it's possible.
When parents get along and work together well, they may say they co-parent collaboratively. Though it's an unofficial term, it may be clearer than saying they're both custodial.
Some parents let their child stay in the house, and the parents take turns coming and going. This is called birdnesting. They may consider themselves "custodians" of the house. However, that doesn't imply that they have the same legal responsibilities toward their child.
When co-parents disagree on a parenting decision
Joint legal custody means that parents make major decisions together, e.g., which pediatrician their child sees or whether to send them to private school.
Such parents are probably capable of agreeing most of the time, or else the court wouldn't have ordered joint legal custody in the first place.
Nonetheless, anticipating some disagreements, the parenting plan might say how parents will try to resolve them. For example, it might say they must try mediation before returning to court.
The designation of custodial parent (or a similar term) can be used to suggest which parent is really in charge. This can avoid some future legal battles.
It's common for a court to specify (for example) that one parent is in charge of health care choices while the other handles educational choices. This won't eliminate disagreement from your lives, but it will prevent you from bringing certain disagreements to court. You and your co-parent may still be said to have "joint legal custody" overall, but your custodial rights and responsibilities will apply to specific situations.
Louisiana has its own way of saying which parent is in charge: it names a domiciliary parent. If parents return to court with a specific argument (e.g., over their child's disability support services), the court begins by assuming that the domiciliary parent's recommendation is in the child's best interests, and it requires the other parent to persuade the court why their own recommendation is better. This rule helps keep parents out of court unless they believe they can prove how the issue affects their child's well-being.
How to become the custodial parent
Parental rights include the right to seek custody of your child. First, be sure the law recognizes you as a parent, and then petition for custody. (Often you can file these two actions simultaneously.)
Even if a court previously gave custody to the other parent, you can ask to revisit that judgment. That's called filing for a modification. Typically you or your co-parent must have experienced a change (like a new home, job or health status) or at least wait until a few years have passed. Present evidence to support your argument.
For example, in the Custody X Change app, you can enter the time you're scheduled to get and track the time you actually get. You can show the court that the other parent is denying you parenting time — or that the other parent has been absent and you've been showing responsibility.
Family courts make decisions based on the best interests of the child and who has been the child's primary caregiver in the past.
Designating a custodial and noncustodial parent in your plan
Creating a parenting plan can feel overwhelming.
Use technology to take the guesswork out of the equation. The Custody X Change app walks you through each step of creating a comprehensive parenting plan.
Designating legal and physical custody in your plan is easy — just select whether you want joint or sole responsibility for each. If you choose joint, you can specify which decisions parents must agree on and which they can make individually.
Now you're on your way to a professional-quality document for managing custody of your child.
Try this with Custody X Change.