Below are some basic parenting terms and arrangements that we see every day. Although we no longer use the word “custody” to describe whose care the child is in, the term custody is used in this blog for ease of reference.
- Primary Care (one parent has physical custody)
Primary care is when the child, or children, live primarily with one parent. The other parent has the right to have contact with the child (otherwise known as parenting time) unless the court determines it is in the best interests of the child not to have contact with the other parent.
Primary care has nothing to do with who can make decisions for the child or children. It only determines who the children are living with and is used for child support purposes.
- Shared Parenting (both parents have physical custody)
Shared parenting is when each parent has the child or all children living with them for at least 40% of the year. Shared parenting often occurs through a week-on, week-off parenting schedule.
Like primary care, shared parenting does not describe who has decision-making responsibility for the child or children. It only determines who the children are living with and is used for child support purposes.
Shared parenting used to be called shared custody. This term is no longer used.
- Split Parenting (each parent has physical custody of at least one child)
Split parenting is when parents have two or more children together, and each parent has at least one or more of those children living with them for 60% of the year or more. Split parenting essentially occurs when each parent has primary care for at least one of the children.
Like primary care and shared parenting, split parenting is a term used for child support purposes and has nothing to do with who may make decisions about the child.
Split parenting used to be called split custody. This term is no longer used.
- Decision-making responsibility (one or both parents can make legal decisions)
Decision-making responsibility is a separate issue. The court may grant decision-making responsibility to the primary caregiver or to both parents jointly, even if the child lives primarily with one parent. The parent or parents with decision-making authority must work together to make decisions for the child, and each may make day-to-day decisions when the child is in that parent’s care.
Decision-making is only for major decisions (religion, health and education, for example) and not day-to-day decisions (bedtime or meals, for example). Sometimes a parent may have decision-making authority over one or more issues but both parents have joint decision-making on all other issues.
Joint decision-making cannot occur if there are major communication issues between the parents or the court determines it is not in the best interests of the child for the parties to have joint decision-making. Joint decision-making used to be called joint custody. This term is no longer used.
- Parenting time (for parents and guardians)
Parenting time is the time a child spends with a parent or a guardian under a court order or agreement. Each parent’s time with the children is called parenting time, regardless of who the child is living with primarily.
Sometimes, courts will order that one or both parent’s parenting time will be supervised by another adult. This occurs when there is some safety risk to the child, there is a risk of abduction, or the child has not been in contact with the parent for a long period.
Parenting time may be supervised by family members, friends, or independent third parties such as Veith House, an organization that provides professionally supervised parenting time services. Some organizations, like Veith House, also provide supervised exchange services where they will supervise the transfer of the child between parents to facilitate safe and child-centered transfer between the parties.
- Contact time (for people other than parents and guardians)
Contact time is the time, under a court order or agreement when a child spends with important people in the child’s life other than a parent or guardian. This often includes grandparents and other relatives.
- Interaction (for everyone, not “in person” time)
Interaction time is the time, under a court order or agreement when a parent, guardian, grandparent, or other person has with the children under a court order or agreement that is not “in person” time. Interaction time may include:
- phone calls, video chats, letters, emails
- sending gifts or cards
- attending specific activities of the child
- receiving photographs of the child and other information about the child
Need Guidance?
If you think you need legal assistance or have any questions about parenting, lawyers at BOYNECLARKE LLP can help you with your family law matter. Please call 902-469-9500 to schedule your consultation with a member of our Family Law team.