Shared parenting refers to a collaborative arrangement in child custody or divorce determinations in which both parents have the right and responsibility of being actively involved in the raising of the child(ren).
The term is often used as a synonym for joint physical custody, but the exact definitions vary, with different jurisdictions defining it in different ways, and different sources using the term in different ways. A regime of shared parenting is based on the idea that parental responsibilities should be shared by both the parents.
It is typically a legal mechanism applied in cases of divorce, separation or when parents do not live together; in contrast, a Shared Earning/Shared Parenting Marriage is a marriage where the partners choose at the outset of the marriage (and prior to conceiving children) to share the work of childraising, earning money, house chores and recreation time in nearly equal fashion across all four domains.
Parents are presumed equal during the marriage. What changed in the equality equation once the marriage ends? Children need and want both parents in their lives, not as visitors, but as active and equal participants. That’s why shared parenting is best for children.
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Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980). .
The liberty interest of the family encompasses an interest in retaining custody of one’s children and, thus, a state…
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