Joint Custody — Protecting Your Parental Rights and Your Child's Well-being | Attorney Rozil Amir

What is Joint Custody?

Joint custody is a legal arrangement that allows both parents to maintain equal or balanced rights in raising a child following divorce, separation, or dissolution of marriage. Unlike sole custody, in which the child lives primarily with one parent, joint custody ensures that both parents have an active role in major decisions in the child's life — education, medical care, religion, significant choices — and typically also substantial time with the child.

Joint custody does not necessarily mean that the child divides their time equally between the parents. It can include different residential arrangements — for example, three nights per week with one parent and four with the other, or alternating division by months/years — as long as both parents share authority and responsibility.

In the Israeli legal system, joint custody is considered preferable when it serves the best interests of the child, especially when both parents are able to cooperate. The family court examines each case according to specific circumstances, the child's age, the capacity of each parent, the child's relationship with each parent, and environmental stability.

Advantages of Joint Custody

• Equal rights for both parents: Both parents retain equal legal rights in important decisions affecting the child's life, regardless of physical time spent together.
• Psychological and emotional nourishment: The child maintains a meaningful relationship with both parents, which supports their psychological and emotional wellbeing during the difficult period of separation.
• Division of responsibility: Both parents share costs, the burden of child-rearing, and decision-making — which may ease the load on each and reduce stress.
• Protection against using the child as leverage: When joint custody is regulated by agreement or court order, it is more difficult for one parent to use the child as a pressure point or negotiating tool.
• Legal stability: A clear legal arrangement reduces future disputes and provides legal security for both parents.
• Updated court guidelines: In recent years, Israeli courts tend to prefer joint custody when it is feasible, as there is scientific evidence that it serves the best interests of the child.

Challenges and Risks of Joint Custody

• High cooperation requirements: Joint custody requires parents to communicate effectively, agree on significant decisions, and set aside personal conflicts. If there is deep hatred or mistrust, it can be very difficult.
• Legal costs: Joint custody requiring agreement may be more expensive if parents take a long time to reach agreement or if they require legal mediation.
• Duplicate expenses: When the child resides with both parents, costs such as housing, equipment, clothing, and supplies may be higher.
• Complexity of arrangement: A joint custody arrangement can be logistically complex, especially if the parents live far apart or have incompatible schedules.
• Risk of inconsistency: If parents do not implement similar rules, discipline, or structure in both homes, the child may feel confused or torn between the two environments.
• Incapacity of one parent: If one parent suffers from mental health issues, addiction, violence, or other incapacity, the court may reject joint custody in favor of sole or limited custody.

Joint Custody vs. Sole Custody — The Significant Differences

This distinction is critical in legal proceedings, as it affects rights, responsibilities, and custody arrangements.

Joint Custody

• Both parents share authority in major decisions (education, medical care, religion).
• Custody arrangements can vary — not necessarily 50:50.
• Both parents bear costs in accordance with custody arrangements and the determined amount.
• Requires cooperation between parents.
• The child maintains a meaningful relationship with both parents.

Sole Custody

• One parent (the custodian) makes major decisions in most cases.
• The other parent may have visitation rights (contact), but no authority.
• Costs tend to fall on the parent with higher income (through child support).
• Requires less cooperation between parents.
• The child may lack a meaningful relationship with the non-custodial parent.

Legal Process — How is Joint Custody Determined in Israel?

When a couple divorces or separates, the custody arrangement is not determined automatically. It is typically established through one of the following methods:

1. Parental Agreement

This is the best approach. If both parents are able to communicate with each other, they can sign a joint custody agreement that details custody arrangements, division of decision-making authority, child support, and other matters. This agreement must be approved by the family court to have legal validity.

2. Family Mediation

If the parents cannot reach an agreement on their own, they can engage a family mediator — typically an attorney, social worker, or trained psychologist. The mediator helps both parties reach an agreement that serves the child's best interests and can be approved by the court.

3. Full Court Proceedings

If the parents cannot reach an agreement, either one (or both) can file a petition with the family court. The court will examine evidence, hear testimony, and may request an expert report (such as from a social worker or psychologist) to assess the situation. Ultimately, the judge will decide based on the child's best interests.

Criteria Considered by the Court in Determining Joint Custody

Under the Minors' Supervision Law (1968) and the Family Law (Divorce), the court focuses primarily on the child's best interests. Relevant criteria include:

• The child's relationship with each parent: How close is the child to each parent? Who spent more time with the child in the past?
• Parenting capacity: Can each parent provide care, education, nutrition, and security?
• Environmental stability: Is there a stable home, school, friends, and extended family?
• The child's preferences: If the child is of sufficient age (typically 10 and above), the court will consider the child's preference.
• The child's age: Very young children (under 3) may need a stronger relationship with the mother or primary caregiver.
• Mental and physical health: Does either parent have mental health issues, addiction, or violence that could affect the child?
• The opinion of both parents: Are both parents willing to cooperate? Is there evidence of violence or harmful behavior?
• Position of school or another caregiver: Typically, the court hears testimony from the school, physician, or social worker who knows the child.

Typical Custody Arrangements in Joint Custody

There is no one-size-fits-all pattern. Custody arrangements in joint custody are determined according to the specific circumstances of each family. Below are some common examples:

Child Support in Joint Custody

Child support is a monthly payment made by the higher-earning parent to contribute to the costs of raising the child. Typically, child support is calculated based on both parents' income and the custody arrangement.

In joint custody, child support may be lower than in sole custody, since the child spends substantial time with both parents, and both parents bear some of the direct expenses (housing, food, clothing). However, the higher-earning parent may still be required to pay child support to equalize the child's standard of living in both homes.

Generally, child support is calculated using a legal table (established by the Supreme Court) that calculates a percentage of income according to the child's age and the combined income of the parents.

Joint Custody Agreement — What Should Be Included?

When both parents wish to reach a joint custody agreement, it is important that the agreement be detailed and clear. A well-drafted agreement will minimize future misunderstandings and provide legal security for both parties. Below are the critical topics that should be included:

1. Residence Schedule

A detailed description of the days and nights the child spends with each parent. This should include:

• Specific days and times during weekdays.
• Weekend schedule (who gets the first weekend of the month, etc.).
• School holidays, Jewish holidays, and national holidays.
• Birthdays of both parents and the child.
• Instructions for cases of illness or emergency.

2. Parental Authority

Explicit agreement that both parents share authority on the following matters:

• Choice of school and education.
• Major medical decisions (surgeries, chronic medications, major dental treatments).
• Religious decisions (if applicable).
• Significant extracurricular activities.
• International travel or major life changes.

3. Communication Between Parents

Agreement on how to communicate regarding the child:

• Communication methods (phone, WhatsApp, email).
• Frequency of updates (daily, weekly, as needed).
• Commitment not to speak negatively about the other parent in front of the child.

4. Child Support

Agreement on the monthly payment amount, payment date, and division of additional expenses:

• Base child support amount.
• Division of education expenses (private school, private lessons).
• Division of medical expenses not covered by insurance.
• Division of activity expenses (sports, music).
• Mechanism for updating child support (for example, according to inflation or change in income).

5. Medical Care and Safety

Instructions for caring for the child in case of medical or safety emergency:

• Who is authorized to decide on urgent medical treatment?
• Who has access to medical records?
• How will they communicate in case of emergency?

6. Future Changes

Agreement on how to address changes in the future:

• How will they adjust the residence schedule if one parent relocates?
• How will they adjust the residence schedule as the child grows?
• Procedure for modifying the agreement (by mutual consent or through court).

7. Privacy and Freedom of Choice

Agreement on how to handle sensitive matters:

• Protection of the child's privacy on social media.
• The child's right to choose not to participate in certain activities.
• How to handle situations where the child wants to stay with one parent.

Our Work with Families on Joint Custody Matters

At Roziel Amir's boutique law firm in Ramat Gan, we specialize in family law and divorce for many years. We understand that decisions regarding child custody are among the most difficult decisions parents must make. It is not merely a legal decision — it impacts the child's life, their relationship with each parent, and the parental fulfillment of both parents.

Our approach is personal and professional guidance. We do not simply represent you in court — we also listen to your story, understand the unique circumstances of your family, and help you navigate the process in a way that serves the best interests of the child and your rights as a parent.

We work with parents at every stage of the process:

• Initial Consultation: We listen to your story, assess the situation, and explain your legal options.
• Mediation and Agreement: If you wish to reach an agreement with the other parent, we can assist in this process, often at a lower cost than a full legal proceeding.
• Agreement Drafting: We draft detailed and professional joint custody agreements that protect your rights and the child's interests.
• Court Representation: If matters become contentious, we represent you before the family court at all stages of the proceedings.
• Updates and Modifications: When circumstances change, we assist in updating arrangements.

We believe in complete discretion, deep understanding of family law in Israel, and the importance of maintaining the relationship between the child and both parents. Every case is unique, and every family deserves a tailored approach.