Types of Child Custody

Divorce can be a very difficult time for both spouses, but when children are involved, the process becomes even more complicated. The most important part of a divorce is to make sure the children are cared for and affected as little as possible. There are four different types of child custody.

Legal Custody

The parent who has legal custody of the child has the right and obligation to make all decisions regarding the child's upbringing. This includes decisions about their education, religion and medical care. In most cases, the court will award joint legal custody, allowing both parents to share this responsibility. In cases where one parent believes it will be impossible to share joint legal custody, he or she will have to go to court, ask for sole legal custody, and convince a judge that joint legal custody is not in the best interest of the child.

Physical Custody

The parent the child lives with is said to have physical custody. There are some states which will award joint physical custody to both parents. Joint physical custody works best when both parents live fairly close to each other. If the parents live far apart, joint physical custody will only add more stress on the child and prevent him or her from maintaining as normal a routine as possible.

Sole Custody

One parent can have either sole legal custody or sole physical custody of the child. The court will easily award sole physical custody to one parent if the other is deemed unfit. Reasons why a parent would be deemed unfit include alcohol or drug dependency or charges of child abuse or neglect. In most states, courts are avoiding awarding sole custody and moving toward including both parents in the child's life. Even if sole physical custody is awarded, both parents will usually share joint legal custody and the non-custodial parent will have a liberal visitation schedule.

Joint Custody

Parents who share joint custody will work out a schedule according to their individual work schedules and housing arrangements. It is also important to schedule joint custody around the child's needs. There are many different variations to choose from: splitting weeks between each parent's house, alternating months, or spending weekends and holidays with one parent.

Please contact Rauseolaw if you have any questions regarding child custody or need the assistance of an attorney.