4 Types of Child Custody

Child custody is frequently one of the most challenging aspects of divorce, especially when each spouse has strong and differing opinions from the other about the subject. In the court system, there are four general types of child custody, with the particular arrangements of each scenario unique to the couple based on a judge’s decision.
 

1) Physical Custody

Physical child custody means that a parent is entitled to have a child live with him or her, but does not have the right and obligation to make decisions about the child’s upbringing.

When a child lives primarily with one parent, but has visitation with the other, generally the parent with whom the child primarily lives (called the “custodial” parent) will have sole or primary physical custody, and the other parent (the noncustodial parent) will have the right to visitation or parenting time with his or her child.
 

2) Legal Custody

A parent with legal child custody is entitled and obligated to make decisions about their child’s upbringing, including things like schooling, religion, and medical care.

It is fairly common for courts to award “joint legal custody” which means that decisions about the child are shared by both parents.

If a spouse shares joint legal custody with the other parent and then excludes him or her from the decision-making process, that parent can take their ex-spouse back to court and ask the judge to enforce the custody agreement.
 

3) Sole Custody

Sole child custody can be either sole physical custody, or sole legal custody. It’s very common for courts to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency or charges of child abuse or neglect.

If there isn’t reason to suspect that the other parent may be deemed unfit it’s best not to seek sole custody unless the other parent truly causes direct harm to the children. Even then, courts may still allow the other parent supervised visitation.
 

4) Joint Custody

The most common scenario in divorce and child custody is joint custody of a child. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Types of joint child custody include:

• Joint legal custody
• Joint physical custody (where the children spend a significant portion of time with each parent)
• Joint legal and physical custody

When parents have joint custody, they typically work out a schedule according to various factors like working hours, school schedules, housing arrangements, etc.
 

Finding A Child Custody Attorney

Child custody is frequently a very contentious issue during a divorce. A parent’s greatest fear is often the idea that they could lose custody of their children or be limited to infrequent visitation by a vindictive spouse.

Having an experienced child custody attorney is critical if there is any debate about the topic during a divorce, and it’s important to speak with your attorney at length about the subject to ensure they understand your desires and any pertinent background information prior to filing a custody claim.