Child custody is a determination that is sometimes brought up during the divorce process. However, there are many different types of child custody that you should know about and what each one means for you and your ex-spouse. You and your attorney will talk about the best choice for your case and circumstances based on what works for you and the best interest of your child.
Various Types of Child Custody
Physical Custody: This is one of the most common types of custody and gives you rights as far as the child residing with you. When both the mother and father will be having custody of the child at different periods of time, joint physical custody will be awarded. Sole physical custody is used in other situations, where the parents live too far apart and the child must live with one parent primarily. This means that the other parent will sometimes have limited visitation.
Legal Custody: Legal custody are rights given to a parent to make decisions on behalf of important issues in the child’s life, such as education, health, and upbringing. After a divorce, most often the courts will consider awarding joint legal custody, which means that both parents must cooperate on behalf of making decisions. If one parent is making decisions for the child without consulting the other parent, that parent can choose to go back to court.
Sole Custody: If one parent is unfit in some way either due to financial strain, drug problems, or abuse, then sole custody will be given. However, this does not mean that sole legal custody will be given even if the child is physically with one parent most of the time. If one parent is awarded sole custody, it could put a strain on the other parent’s decision-making rights. This is why it is important to talk these matters over in mediation or court.
Joint Custody: Joint custody encompasses many different types of options like joint legal custody, joint physical custody, or both. Just because one parent shares joint legal custody, this does not mean that they will share joint physical custody, however.
Now that you understand the various types of custody, you can make a decision on which work best for your case. You and your attorney can discuss the various circumstances in your case and choose the best outcome for your child or children.
