As more and more parties to a divorce with children both seek to have a large role in their children's lives, many parties are now either agreeing by consent to shared physical custody or a party seeks shared physical custody.
In the past, the norm may have been that one parent was the stay at home or worked part time or was the primary nurturer. More and more often today, both parties wish to have a primacy of nurturing in their children's lives. Therefore, rather than, in terms of custody, one parent is the parent of primary residence and one parent is the parent of alternate residence, many parties are now agreeing upon shared physical custody.
The old norm often had the mother as the parent of primary residence and the father having the children for overnights on alternate weekends.
If the parties both live in the town where the children go to school, shared custody, where both parties have the children an equal number of overnights over a two week period, may be something the parties wish to consent to or something one of the parties wishes to purse.
The Courts are much more open to the possibility of shared physical custody today than perhaps they were years ago, as women in our society are working in jobs comparable to those of men, and men wish to have more of a nurturing role in their children's lives.
Every case is fact specific and requires a thorough analysis. Please call our offices to set up a consultation with Michael Green to determine what would be best for you and your family as you go forward in the process of divorce.