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The role of a joint custody lawyer
Shared custody – How does it work in practice
At what age can a child choose custody?
Custody Rights and law reforms (UAE 2025 example)
PacisLexis Family Law
Joint custody lawyer
Custody disputes are among the most emotionally charged and complex issues parents face after separation or divorce.
When the family unit breaks down, the most important question becomes: what is best for the child?
Across legal systems worldwide, courts, lawmakers, and parents are increasingly shifting toward joint custody—a model where both parents share in the rights and responsibilities of raising their children.
Yet, even with this global trend, custody laws differ dramatically depending on the country.
For example, in common law jurisdictions such as the United States, Canada, or the UK, custody decisions are largely guided by judicial discretion and the principle of “the best interests of the child.”
By contrast, French law relies heavily on the Code Civil, which offers a structured legal framework, with a growing preference for alternating custody where possible. Meanwhile, some regions like the UAE are undergoing major reforms in 2025, modernising family law and redefining custody rights for both nationals and expatriates.
In this context, hiring a joint custody lawyer is not just about paperwork or court representation—it is about securing your rights, navigating complex cultural and legal differences, and above all, protecting the well-being of your children.
If you are facing a custody case, whether in France, a common law country, or internationally, our firm can provide clear, tailored, and effective support.
Contact PacisLexis Family Law today to protect your parental rights and build the best possible future for your children.
Joint custody lawyer
The role of a joint custody lawyer
What is joint custody?
At its core, joint custody means that both parents share responsibility for their child’s upbringing after separation or divorce. This can involve:
- Joint legal custody: both parents have the right to make major decisions about the child’s education, health, religion, and upbringing.
- Joint physical custody: the child spends significant amounts of time with both parents, though not always equally.
A joint custody lawyer specialises in guiding parents through these arrangements, ensuring that the custody plan reflects the child’s best interests while protecting the legal rights of the parent they represent.
The role of a joint custody lawyer
A joint custody lawyer wears many hats throughout the legal process:
- Advisor: explaining custody options (sole vs shared custody, alternating residence, visitation rights).
- Negotiator: helping parents reach amicable agreements on schedules, holidays, decision-making, and financial contributions.
- Mediator: in some cases, lawyers act alongside mediators to facilitate cooperative parenting solutions.
- Litigator: representing clients in court when disputes cannot be resolved privately.
- Strategist: designing a parenting plan that anticipates future issues such as relocation, schooling changes, or remarriage.
- Protector: safeguarding the client’s parental rights and ensuring the custody arrangement is enforceable.
Joint custody in Common Law countries vs. France
The duties of a joint custody lawyer also depend on the jurisdiction:
- In common law countries (US, UK, Canada, Australia):
- Courts emphasize the “best interests of the child.”
- Judges often encourage shared parenting unless there is evidence of abuse, neglect, or significant conflict.
- Lawyers play a central role in presenting evidence, drafting parenting plans, and persuading the judge.
- Child preference (age depending) may influence decisions.
- In France:
- The Code Civil governs custody (autorité parentale and résidence de l’enfant).
- Shared residency (résidence alternée) is increasingly common but not automatic.
- Judges take into account factors like distance between homes, parents’ ability to communicate, and the child’s needs.
- A French joint custody lawyer focuses on demonstrating stability and feasibility.
This contrast means that expat or binational families often face additional complexity.
A cross-border joint custody lawyer ensures compatibility between jurisdictions and compliance with international conventions like The Hague Convention on Child Abduction.
Common misconceptions about joint custody
A key part of the lawyer’s role is to break myths, such as:
- “Joint custody means 50/50 time.” → Not always. Shared custody can still be 60/40 or other variations.
- “Only mothers get custody.” → Outdated: fathers increasingly obtain shared custody in most systems.
- “The child can choose where to live.” → In reality, the judge decides, though the child’s opinion may be considered.
- “Custody battles always end in court.” → Many are resolved by agreement, often guided by lawyers.
International Considerations
Today’s families are mobile. When parents live in different countries, the role of a joint custody lawyer becomes even more crucial. Issues include:
- Recognition of custody orders across borders.
- Preventing parental child abduction.
- Navigating different cultural and religious approaches to custody.
- Advising expats in countries like the UAE, where reforms in 2025 change how custody is allocated.
Practical Example
- In France, a lawyer may argue for alternating residence in Blois and Paris if logistics allow.
- In the US, the same case might result in one parent having primary custody with extended visitation rights.
- In the UAE post-2025 reforms, both parents may now have a stronger claim to joint responsibility, reflecting the law’s new balanced approach.
Do I need a lawyer if both parents agree on joint custody?
Yes!
A lawyer ensures the agreement is legally binding and protects you if circumstances change.
Can joint custody work if parents live far apart?
It’s possible but often impractical. Lawyers can help draft creative solutions like extended holiday stays.
Is joint custody always best for the child?
Not always.
The child’s stability, safety, and emotional well-being are paramount.
If you are facing a custody case, the guidance of a joint custody lawyer is compulsory.
Whether you are in France, a common law country, or navigating new reforms like in the UAE, our firm combines international expertise with compassionate legal support.
Contact us today to schedule a consultation and take the first step toward securing your custody rights.
Joint custody lawyer
Shared custody – How does it work in practice?
What is shared custody?
Shared custody, sometimes called joint residence or alternating custody, refers to the arrangement where a child divides time between both parents following a separation or divorce. Unlike sole custody, where one parent holds primary responsibility while the other has visitation rights, shared custody aims to balance the child’s life between both households.
In practice, shared custody rarely means a perfect 50/50 split. Instead, courts, mediators, and lawyers work toward a practical balance that serves the child’s best interests while respecting the parents’ work schedules, proximity of homes, and educational needs.
Factors courts consider in shared custody
A joint custody lawyer plays a vital role in demonstrating that shared custody is feasible and beneficial. Courts often examine:
- Parental cooperation – Are the parents able to communicate effectively?
- Geographic distance – How far apart do the parents live? Is the commute manageable for school?
- Child’s stability – Will the arrangement disrupt school, friendships, or healthcare routines?
- Age of the child – Very young children may need more consistency, while older ones adapt more easily.
- Work schedules – A parent working night shifts may not be able to provide stable routines.
A lawyer prepares evidence to show how these criteria are met, ensuring the proposed custody plan is realistic.
Practical challenges of shared custody
While the principle sounds ideal, shared custody comes with daily challenges:
- Logistics: Packing clothes, homework, sports equipment back and forth.
- Schooling: Ensuring both parents are aligned on academic support.
- Healthcare: Both parents must share medical information.
- Holidays: Dividing summer, Christmas, and birthdays fairly.
A joint custody lawyer helps parents design detailed parenting schedules that anticipate these issues, reducing future disputes.
Common Law vs French Law approaches
- Common law jurisdictions (UK, US, Canada, Australia):
- Strong reliance on judicial discretion.
- Judges increasingly favour shared parenting unless evidence suggests otherwise.
- Parenting plans can be flexible and creative, tailored to family needs.
- French law:
- Governed by Code Civil (articles 373-2-6 and following).
- The court can order résidence alternée (shared residency) if it serves the child’s interests.
- A presumption of equal custody does not exist, but it is becoming more common.
Thus, a lawyer must adapt arguments depending on the legal framework. For instance, in France, proving logistical feasibility is crucial, while in the US, emphasis may be placed on the psychological benefits of shared parenting.
Benefits of shared custody
When well-structured, shared custody offers clear advantages:
- Stronger bond with both parents.
- Reduced feelings of abandonment.
- Shared financial and emotional responsibilities.
- Balanced upbringing with influence from both sides.
A joint custody lawyer advocates for these benefits when persuading judges or mediators.
Misconceptions around shared custody
“It’s always 50/50.” → Courts often order 60/40 or other variations.
“It’s too disruptive.” → With proper planning, children adapt well.
“Fathers rarely get shared custody.” → Outdated; today, many fathers are granted equal rights.
Is shared custody automatic?
No!
It must be ordered by the court or agreed upon by parents with legal approval.
Can shared custody be amended later?
Yes, if circumstances change (relocation, new jobs, health issues).
What if parents cannot agree?
A judge decides based on the child’s best interests, and lawyers present evidence.
Joint custody lawyer
At what age can a child choose custody?
The child’s opinion in custody proceedings
One of the most sensitive questions parents ask is: At what age can my child decide where to live? A joint custody lawyer helps clarify this, as the answer varies depending on the legal system.
Common Law perspective
In common law countries:
– There is usually no fixed age when a child can choose.
– Judges may consider the child’s wishes if they are mature enough.
– For example:
- In some US states, from age 12 onward, children’s preferences may be considered.
- In the UK, the child’s opinion carries weight as they grow older, but the final decision rests with the judge.
A joint custody lawyer presents evidence of the child’s maturity and ensures their wishes are communicated respectfully.
French Law perspective
In France, there is no legal minimum age. Instead, the judge listens to children who are deemed capable of “discernment.”
Children can request to be heard, and parents can also ask for their testimony.
The judge take their opinion into account but is not bound by it.
Example: UAE custody law 2025
The UAE’s 2025 reforms bring new flexibility.
Previously, custody often favoured mothers for younger children and fathers for older ones.
Now, reforms encourage shared responsibility, and children’s opinions may be taken into account depending on maturity.
Pros and risks of considering children’s choice
Pros:
- Children feel heard.
- Encourages cooperation.
- Reflects the child’s emotional needs.
Risks:
- Children may feel pressured or manipulated.
- They may choose based on short-term comfort (fewer rules) rather than stability.
- It can create guilt or loyalty conflicts.
A joint custody lawyer ensures that the child’s voice is respected but not exploited.
Can my 14-year-old decide to live with me full time?
Not automatically.
Courts consider their wishes but make the final decision.
Do judges always listen to children?
In France, yes if the child requests it. In common law countries, often yes, but the weight varies.
How can a lawyer help?
By presenting the child’s views objectively and ensuring the judge evaluates them fairly.
If your custody case involves older children, their voices will play a role. A skilled joint custody lawyer ensures that their wishes are heard without compromising their well-being.
Contact us today to protect both your rights and your child’s best interests.
Joint custody lawyer
Custody rights and law reforms (UAE 2025 example)
Why custody laws evolve?
Family structures are changing worldwide. More fathers seek active roles, mothers pursue careers, and courts recognize the benefits of shared parenting.
This has prompted legal reforms in many countries to reflect modern realities.
Common Law reforms
In countries like the UK, US, Canada:
- There is a growing presumption in favour of joint custody.
- Courts encourage mediation and parenting plans.
- Judges are more likely to order equal time arrangements if practical.
French reforms
In France, while no automatic presumption exists, courts increasingly accept résidence alternée (shared residency).
Judges encourage cooperative parenting and often recommend mediation.
UAE 2025 reforms
The UAE’s 2025 custody reforms represent a landmark shift:
- Both mothers and fathers now have a more balanced standing.
- Shared custody is explicitly encouraged where possible.
- Expatriate families benefit from clearer rules and recognition of foreign custody judgments.
- Judges now consider not only tradition but also international standards of children’s rights.
This means parents in Dubai, Abu Dhabi, and other emirates can expect custody outcomes more aligned with Western shared parenting practices, though cultural sensitivities remain.
Practical advice for parents facing law changes
- Stay informed: Laws may shift mid-case.
- Hire a lawyer with international expertise: Especially if you are an expat.
- Plan for enforcement: Ensure orders are recognized in both home and host countries.
- Think long-term: Custody reforms often aim at stability, so design flexible arrangements.
How do UAE reforms affect expats?
They provide more predictable custody outcomes and recognize shared parenting models.
Will French courts recognize UAE custody orders?
Yes!
Under international treaties, but enforcement may require a lawyer.
Do reforms always mean shared custody?
No!
The child’s best interests remain the priority.
To help you
and to care
PacisLexis Family Law
Looking for a joint custody lawyer?
Custody laws are changing worldwide. Whether you are in France, a common law country, or adapting to the UAE’s 2025 reforms, you need an experienced joint custody lawyer to guide you. Contact our firm today for tailored advice and strong representation.
If you are searching for a joint custody lawyer, don’t navigate this complex field alone.
Our firm offers international expertise, compassionate support, and a proven track record of success. Contact us today to protect your rights and secure your child’s future.
PacisLexis Family Law
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