Family Law

Joint Custody of Infants

By Erin Kelley

While most family courts agree joint custody is in the best interest of a child, the logistics of joint physical custody of infants can be tricky. Infants and young toddlers need continuous care and a stable environment, which can make shared physical custody arrangements difficult.

When an infant is involved in a child custody situation, parents may agree to one parent being the primary caretaker until the child is older. The non-custodial parent may have frequent short visits during this time. The custody agreement can be modified when the child is old enough for longer or overnight visits.

If a mother is breastfeeding, the infant relies on the breastmilk for nourishment and comfort around the clock. If it is possible for both parents to communicate and compromise with the child’s best interests in mind, a visitation schedule, which allows the infant to bond with both parents at an early age, can be established. However, it would be very difficult to arrange overnight visitation with the father while the mother is breastfeeding.

Infants and young children need access to their primary caregiver at all times in order to be secure. The custodial parent must provide consistency and predictability in caring for the child. If an infant is shuffled between two homes for the benefit of the parents, his or her best interests are not being served.

Parents may have joint legal custody of an infant. Joint physical custody of an infant is not impossible, but when considering what is best for the infant, development and emotional wellbeing is key.

Full post as published by The Divorce Blog on March 10, 2009 (boomark / email).