For purposes of this chapter, joint custody means the obligation of both parents, the father and the mother, to exercise directly and fully all the duties and responsibilities entailed by the upbringing of their children by spending the greatest amount of time possible with them and providing them with the company and attention expected from a responsible parent.
Joint custody does not require a minor to stay overnight for the same amount of time in each parent’s house. However, in the case that a minor only stays overnight at the home of one of the parents, joint custody shall be awarded if the other parent maintains a close relationship with the child, to the greatest extent possible, and responsibly performs all the duties as parent and those imposed as part of the legal custody. In no case shall it be construed that awarding joint custody shall mean the non-imposition of child support in favor of the minor, and neither shall it necessarily mean the reduction or increase thereof. The corresponding determination shall be made on a case by case basis depending on the joint custody agreements and always in accordance with the provisions of §§ 501 et seq. of Title 8, known as the “Child Support Act”.
History —Nov. 21, 2011, No. 223, § 1.