ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Joint Custody

Are courts required to order joint custody if a parent asks for it?

No. In most states, joint custody is an option. Courts may order joint custody or sole custody according to what the judge thinks is in the best interest of the child. In eleven states, legislatures have declared a general preference for joint custody. That usually means the courts are supposed to order joint custody if a parent asks for it, unless there is a good reason for not ordering joint custody. The most common reason for not ordering joint custody is the parents' inability to cooperate. Courts are concerned that a child will be caught in the middle of a tug-of-war if joint custody is ordered for parents who do not cooperate with each other. Parents who do not cooperate also will have trouble with sole custody and visitation, but the frequency of conflicts may be less. If a parent is opposing joint custody because the parent (without good reason) is trying to undermine the child's relationship with the other parent, that could be a factor in granting custody to the other parent.