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Types Child Custody:

 

States have established their own guidelines and terminology when discussing child custody arrangements.  If the parents are unable to assume the responsibilities of their children then grandparents or other relatives may be awarded custody. Most custody arrangements come into existence when the parents are divorced, separated or have never been married to each other.  Parents need to choose the plan that works for them and the custody arrangement that is in the best interest of the child.  When going to court, a judge will rule on the type of custody to be awarded to each parent.  Custodial parent refers to the parent who has primary custody of the child.  Non-custodial parent refers to the parent who has the child for less time than the other parent.  Below are common terms to help you better understand child custody issues.

 

·         Legal Custody - refers to who will make decisions for a child with regards to welfare, medical, educational and religious matters. 

 

·         Joint Legal Custody - both parents share in the decision making process of the child, but the children reside with one parent.  The other parent has visitation rights.

 

·         Sole Legal Custody - one parent has the responsibility to make all decisions relating to health, medical, education and welfare issues.  The other parent has limited legal rights to have any input on these decisions.  This form of custody is subject to visitation rights of the other parent.

 

·         Physical Custody - refers to the parent who has the actual right to reside with the child.

 

·         Joint Physical Custody - parents share their children according to the parenting plan or court order.  Cooperation is a must between parents as is the need for parents to live close to each other for this type of custody to be successful.  Parents normally devise a parenting plan to establish how the child’s time will be spent, including holidays and birthdays. Because of the shared custody, child support payments are often reduced or eliminated.  Parents who have joint physical custody normally share legal custody.

 

·         Sole Physical Custody - one parent has both physical and legal custody.  The other parent is normally denied having physical custody of the child, often due to neglect or abuse.

 

·         Split Custody – when there is more than one child involved.  One parent will have custody of one child and the other parent will have custody of the other child.

 

·         Rotating Custody - a type of joint custody in which one parent has physical custody of the children for one year and the other parent will have physical custody for the next year.  Parents may rotate six month periods if both parents reside within the same school district limits.

 

·         Joint Legal and Physical Custody (Shared Custody) - both parents equally share legal and physical custody of the child.  Sharing custody is beneficial to both parents and children.  Parents have the benefit of the other parent helping in the raising and decision making of the children. Children have the benefit of being able to be with each parent.

 

·         Birds Nesting Custody – a rare form of physical custody where the children remain in the pre-divorce home and the parents alternately spend time in the home raising the children.  Though this form of custody is very beneficial for the children who get to stay in one place instead of being shuttled from one home to the next, parents have trouble adapting to the invasion of sharing there space with their ex-spouse.  This arrangement also places a larger financial burden on both parents, as each parent also needs to establish a place to live outside of the child’s home.  Some parents opt for this form of custody while children are very young.

 

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Child Custody Topics: (click on each for description)

 

Modification to Child Custody Orders

Visitation

Common Visitation Arrangements

Long-Distance Custody Issues

Non-Custodial Parent

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