Types of Child Custody

Nov 11, 2015 | Uncategorized

If you are seeking custody of your child, you need to know that there are different types of custody arrangements. In child custody cases, a judge will always consider the best interests of the child. According to the American Bar Association, most states have laws that encourage children to have an ongoing relationship with both parents, but if one parent tries to undermine the child’s relationship with the other parent, that could count against the parent when custody arrangements are being made. When other factors are equal, a court may grant custody to the parent who is more likely to encourage good relationships with his or her ex.

The different types of child custody

  1. Legal Custody – This type of custody gives one the right and obligation to make decisions about the child’s upbringing. It allows one to make decisions about a child’s school, healthcare, and religious upbringing. Many states allow joint legal custody of a child.
  2. Physical Custody – This type of custody is the right to have a child physically live with you. Some states recognize joint physical custody where a child lives with each parent equal amounts of time.
  3. Sole Custody – When the one “custodial” parent has custody. The other parent is typically permitted only visitation rights. Modern courts are moving away from this arrangement unless the child is in danger in one parent’s household. Some courts grant generous visitation rights.
  4. Joint Custody – This type of custody occurs when parents agree or a court orders them to agree to share decision making responsibilities. Typically, the parents will agree to synchronize their schedules to make the arrangement work, or a court will order them to. Joint custody may be joint legal custody, joint physical custody, or both.
  5. Birds Nest Custody – Children remain in the family home and the parents take turns moving in and out.

 
If you are seeking custody of your child, have any questions, or are in need of legal advice or representation please contact Robert R. Robles at 405-232-7980.