When parents live separately and cannot agree on where a minor child will live, this issue is decided by the guardianship authority or the court. In doing so, important factors are taken into account: each parent's attitude toward their responsibilities, the child's age and health, their emotional attachment, and other significant circumstances.

At the same time, the UN Committee on the Rights of the Child emphasizes that it is in the child's best interests to maintain relationships with both parents.

The Parliamentary Assembly of the Council of Europe highlights the need for states to ensure the possibility of joint custody of children in their best interests, based on mutual agreement between parents.

The development of shared parental responsibility helps overcome gender stereotypes regarding the roles supposedly assigned to women and men in the family, and clearly reflects the sociological changes that have taken place in recent years.

Although such a provision is not currently explicitly established in our legislation, judicial practice already includes examples of applying joint custody.

Advantages of Joint Custody

Shared parenting should be understood as coordination between adults in their parental roles and the ability to support and assist one another. It promotes better cooperation between parents and reduces the risk of potential disputes, as this model is free from the "winner–loser" burden.

At the same time, the difficulties associated with joint custody mainly belong to the initial adaptation period, and thanks to continued parental contact, these challenges gradually disappear. Joint physical custody encourages open communication between parents, minimizes conflicts and frustrations, and benefits both mother–child and father–child relationships.

When resolving a dispute regarding a child's place of residence, the court may consider the following models:

• joint parental custody with the child alternating residence between each parent's home according to a set schedule;
• determining the child's place of residence in one home where the child has been living, while the parents take turns staying there according to an agreed schedule;
• determining the child's residence with one parent while ensuring regular contact with the other parent according to a set schedule.

Parental time may be divided equally—for example, 50/50. However, depending on the specific family situation, other proportions are also possible. If there are several children in the family, the schedule may be adjusted to maintain regular contact both among the children and with each parent.

When deciding on joint physical custody, the court takes into account:

• each parent's desire for the child to live with them and their willingness to participate in the upbringing and care;
• the existence of stable relationships between both parents and the child, as well as the child's desire to communicate with both parents;
• the absence of circumstances that may threaten the child's interests (for example, if one parent has no independent income, abuses alcohol or drugs, or engages in immoral behavior that could harm the child's development);
• each parent's time availability and ability to properly care for the child;
• the place of residence of each parent, ensuring it is not far from the child's usual place of living (their established center of life interests).

Conclusion

Joint physical custody is a balanced and effective way to preserve full parenting involvement from both sides for the child. It promotes constructive communication, reduces conflicts, and supports the child's stable development even after divorce.

At the center are always the child's best interests.

Author: Kateryna Omelchenko