Types of Child Custody
Child custody can often be a very confusing subject to comprehend. There are so many legal and professional terms that anyone who has never gone through a custody case would have a hard time understanding. Once everything is broken down the different types of child custody are easier to understand. This is especially important for divorced parents who are going through a custody case to understand. Getting lost in all of the legal talk can be a very dangerous thing.
Two basic types of child custody
There are two basic types of child custody that must be accounted for in any child custody agreement. These two types of custody are legal custody and physical custody. It is necessary to define both types of custody in order to create a complete custody agreement.
- Legal custody. Legal custody essentially has to do with the important decision-making responsibilities for the child. These important decisions may include those regarding the child’s education, health care, issues of religion, and any other issues that may affect the child’s life.
- Physical custody. Physical custody essentially has to do with the everyday caretaking responsibilities for the child. Physical custody also determines the primary residence of the child. This means that the co-parent with physical custody of the child is responsible for providing the child with life essentials such as food, shelter, and clothing.
How the types of child custody may be defined
As it was stated, the two basic types of child custody that must be defined in a child custody agreement are legal custody and physical custody. The two most common forms of child custody that are applied to these two types of custody are sole custody and joint custody. These concepts are very simple and very commonly used in child custody cases. Sole custody simply means that only one co-parent has custody of the child. Sole custody can be applied to either legal custody or physical custody, meaning that only one co-parent has physical custody or legal custody of the child. Joint custody is just the opposite. It means that both co-parents share either physical custody or legal custody of the child. These two types of child custody can be applied in any possible combination. For instance, a child custody agreement may order one co-parent to have sole legal custody of the child while both co-parents share physical custody of the child. The most common combination of custody is awarding one co-parent with legal custody of the child and awarding both co-parents joint physical custody of the child. This is because it is seen as being in the best interest of the child to spend significant time with both co-parents.
How is child custody determined?
Many family law professionals prefer that co-parents try to come to an agreement on the different types of child custody outside of the courtroom. If co-parents cannot come to an agreement on child custody it will be up to a judge to determine what is in the best interest of the child. All states have a specific set of factors that help them to determine the best interest of the child. It is important for co-parents to get in touch with a family law professional in their specific state for more information on how custody is determined and the different types of child custody.
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