Custody Types: Understanding Differences | Anderson Divorce Attorneys

Child custody is the first thing many think about after the initial thought of divorce. Where will the kids spend the majority of their time? All aspects of divorce can seem overwhelming. The thought of spending birthdays without your children can be scary, but it doesn’t have to be. Let’s discuss the custody types that are common, so you know which type is best for you and your soon to be ex.

Custody Types: The Differences Between Them

Legal Custody

Different from the rest of the custody types, legal custody allows a parent to make decisions regarding the upbringing of the child. In most states, joint legal custody is granted. Legal custody allows the parent to make decisions about schooling, religious practices, and medical care. If you exclude your ex from any decision making and you have joint custody, it can result in court visits where a judge will enforce the agreement.

Physical Custody

Physical custody grants the right for a child to live with one parent or the other. Joint physical custody happens sometimes, too. Joint physical custody is one of the popular custody types for parents who live close enough to each other. Before granting joint physical custody, a judge will ensure it will not be stressful for the children to go between homes.

Sole Custody

Once widely popular, sole custody is losing its luster in courts around the United States. Sole custody grants either sole physical or sole legal custody to one parent. This happens in the cases of a parent being considered unfit to parent, due to a variety of reasons. As far as custody types go, sole custody is probably the harshest. However, if you have sole custody, your ex may still have visitation rights.

Joint Custody

Also known as shared custody, joint custody allows both parents to share decision-making responsibilities. In addition, both parents are equally responsible for the physical and financial aspects of raising children. In these cases, parents usually work out a schedule that works best for them and for the children. Sometimes, custody types like joint physical custody include alternating periods of time (weeks, months, years, etc.) or spending weekdays with one parent and spending holidays and weekends with the other.

As these are the most common custody types, there may be cases where other agreements or arrangements are made. Also, you should remember that there can be a restriction on custody depending on the fit of the parent. Every case is different, and if you need help or clarification regarding your custody agreement, consult your attorney. We’re always here to help.