What is joint custody?
Alternate residence: definition
Joint custody, also called “alternate residence”, allows a child to live alternately with each of his two parents, with balanced stays (for example, a week with one, a week with the other).
An organization in the interests of the child
The organization of joint custody must meet the best interests of the child. It takes into account his age, his education, the geographical proximity of his parents’ homes and the parents’ ability to agree on his daily life.
What is the difference between joint custody, shared custody and sole custody of the child?
Shared custody is imposed by the family affairs judge (JAF)
Joint custody and shared custody are two very similar terms, designating the same principle of alternation between parental homes. The only difference is that joint custody is the result of the free choice of the parents, while shared custody is imposed by the judge in the event of disagreement between the parents.
One parent has custody, the other has visitation rights
Exclusive custody, for its part, is opposed to joint custody since it consists of a child living mainly with one parent, the second benefiting from visitation and accommodation rights. In practice, this mode of residence of children results in the payment of alimony to the parent who has primary custody.
At what age can a child choose which parent to live with?
In France, the child’s opinion is taken into account in the event of parental separation, but without a strict minimum legal age. According to case law, as soon as the child is able to understand and express a considered choice, his wish can be heard, in particular by a family affairs judge (JAF). Very often, it is from the age of 8–10 that judges begin to take the child’s opinion into account.
What are the conditions for obtaining joint custody?
Ensure the best interests of the child
The main condition is above all the interests of the child, taking into account their age, maturity, emotional and educational needs, as well as the stability that each parent can offer them.
Complete a parental agreement or indicate the agreement in the divorce agreement
The establishment of joint custody is made easier when both parents agree on the terms. They can formalize their agreement by completing a parental agreement or indicate it in their divorce agreement in the event of divorce by mutual consent.
Respect a maximum distance between parents’ homes and the child’s school
The parents’ homes must be located a reasonable distance from each other and from the child’s school, in order to minimize travel and maintain stability in the child’s schooling and social life.
What is the procedure for setting up joint custody?
If parents agree
The parents define the custody arrangements together (periods, accommodation, possible alimony), using the Cerfa form. “Parental agreement model – Alternate residence”.
To give it enforceability, this agreement can be submitted to the family affairs judge (JAF) via a joint application filed or sent to the judicial court of the domicile of either one or the other parent. The judge can approve the agreement or refuse it if he considers that it is not in the best interests of the child.
In the event of bad understanding between parents
In the event of disagreement between the parents and before any referral to the judge, it may be appropriate to resort to family mediation. It allows, with the help of a neutral professional, to try to establish an agreement acceptable to all, centered on the interests of the child. If mediation fails, a unilateral request for joint custody can be sent to the JAF.
The judge sets a hearing before which everyone explains their position and reasons. He makes his decision taking into account:
- the best interests of the child,
- his age,
- his needs,
- the geographical proximity of homes,
- the parents’ ability to communicate,
- living conditions for each parent,
- the wishes of the child (if he is old enough to be heard),
- the possible existence of violence or pressure.
How long does it take to obtain a joint custody judgment?
The time limit for obtaining a joint custody judgment may vary (for example, 4 to 6 months in certain jurisdictions), unless extended or further investigation of the case.
How to declare joint custody to CAF or taxes?
Complete the Cerfa 14000*01 form and provide a situation declaration
In the event of shared custody, the CAF must be informed via the Cerfa 14000*01 form entitled “Child(ren) in alternate residence – Declaration and choice of parents”. This form allows you to choose the desired option: sharing of family allowances or designation of a single parent beneficiary of benefits.
You should also provide a situation declaration to attach to the form (downloadable via your Caf or MSA space).
Complete box H of the income tax return
Regarding taxes, alternate residence is indicated on the tax return. You must complete box H (“dependents in alternate custody”) of declaration 2042 and indicate the number of children concerned.
How much alimony is paid in the event of shared custody?
If a parent has much higher resources, they may be required to pay a pension to maintain a balanced standard of living for the child between their two homes. The family affairs judge (JAF) can set this pension if the parents do not agree on their own.
What are the advantages and disadvantages of joint custody?
Here are the main advantages and disadvantages of joint custody:
