Note: Split Custody is not possible if there is only one child.
Split legal and physical custody means the parents have two or more minor children and they split their living arrangement between the two of them. That is, one or more children live with one parent, and one or more children live with the other parent. Each parent has sole legal custody of those minor children who live in that parent's home and the primary authority to make decisions concerning those children. Parent-time (visitation) is worked out so that both parents have parent-time with each child. Most parents find that it is healthy to have parent time with all of the children at the same time.
Child support is calculated using the split custody worksheet, the number of children residing with each parent and each parent's gross income.
Example: Jane and John Doe have three children, Susan 5; Leo 16; and Mike 17. Jane has recently moved to a rural community with a public school system but no private schools. John lives in a large city with excellent private schools. The two older children are enrolled in a private high school and have a strong social life. Mike, 17, is an athlete and on the school's track, wrestling, soccer and baseball teams. He also is an avid rock climber. Leo, 16, is in an advanced program for gifted music students and aspiring young actors.
Because of Susan's young age, both Jane and John feel that it would be better if she lived with the parent who has had the larger role in raising her, which is Jane. And even though both of them are very concerned about separating Susan from her brothers, they feel that it would be better for the two boys to continue their education in their current high school and that it would be harmful to have them leave their friends and strong interests in sports and the arts.
After much talking and soul searching Jane and John consult with a psychologist who specializes in young children and adolescents. Though both of them have concerns, they decide together that Jane should have sole legal and physical custody of Susan and John should have sole legal and physical custody of Mike and Leo. Together they work with the psychologist in developing a parent-time schedule that will have the most benefit and least harm to the three children. They agree to alternate weekend and holiday parent time. Each of them will have all three children at the same time for each visit. They agree on alterations to the schedule to allow the older boys to continue their extra curricular activities with both parents attending games and performances as often as possible.
John has more income than Jane but he also has custody of two of the three children. Jane ends up paying a small amount of child support.