The 4 Different Types Of Child Custody

Which Type of Child Custody Works For You?

In an ideal situation, parents who are going through a divorce will be able to come to an agreement on child custody on their own. They will decide when the child will spend their time at each parent’s home, how much time, and who will be responsible for various things, such as school meetings, picking them up or dropping them off, and more.

There are some cases, however, when the parents are unable to come to an agreement that is suitable for each party. One parent may want full custody, both parents may not be able to agree on the timing and duration of visitation, or there may be larger issues, such as when parents live in separate states.

In these circumstances, the couple can work with their family lawyer, or they may need to go through family mediation, where a third party will help both parents make compromises and come to a mutual agreement.

When an arrangement cannot be made even with mediation, the court may intervene and will possibly interview each party, or will have a social worker interview everyone involved, including the child. The court will consider various factors, including the wants and needs of the child.

Four Types of Child Custody

When deciding on child custody, the court will review all information collected. The court will then make a decision based on the child’s best interests. The types of child custody include two overarching types – legal custody and physical custody – and two subtypes of those types – sole custody and joint custody.

The Ins & Outs of Legal Custody

A parent who has legal custody can make decisions regarding the child’s:

• Education
• Healthcare
• Religion

They can do so without consulting the other parent. Legal custody can be awarded to the parent who the child spends the most time with. However, in many cases, legal custody is given to both parents so that there is an equal responsibility in making important decisions for the child.

The Ins & Outs of Physical Custody

The parent who gets physical custody is commonly the one who spends most of the time with the child. The other parent has visitation rights and is a non-custodial parent.

Family law courts often distinguish the time spent with each parent as a percentage. For example, a child may spend 60 percent of the time with the custodial parent, and 40 percent of the time with the non-custodial parent.

Recently, however, courts have seen how important it is that children get equal amounts of time with both parents. When possible, parents will be given joint physical custody, so that the child spends their time 50/50 with each parent.

The Ins & Outs of Sole Custody

When sole custody is awarded, one parent will have sole physical custody and/or sole legal custody. This happens when one parent is deemed unfit by the courts, due to:

• Neglect
• Abuse
• Drug or alcohol dependency
• Traveling employment
• No place appropriate place of residence

In cases like this, the other parent can be awarded both sole physical and legal custody. The other parent may be able to get visitation rights for their child.

In many cases, however, such as when one parent lacks an appropriate place of residence or travels for work, one parent is awarded sole physical custody, and both parents will receive legal custody.

The Benefits of Joint Legal Custody

This allows both parents the opportunity to be involved in the decision-making for their child. This will ensure that there is as little animosity between you and your ex as possible. If you have questions about the details of custody, speak with your family lawyer.

The Ins & Outs of Joint Custody

Also known as shared custody, when joint custody is awarded, it typically means that both parents have both physical and legal custody of the child. You can have joint legal custody while one parent has primary physical custody. This is more common when one parent travels for work or needs to work far away.

In either case, a schedule will need to be arranged regarding when the child spends their time with each parent to meet their custody agreement and/or visitation hours. Popular schedules include:

• Alternating weeks or months
• Alternating six-month periods
• Alternating years
• Splitting weekends and holidays with one parent and weekdays with the other

In some cases, an option that is becoming more popular, the child will remain in a single home and the parents will move in and out. When a schedule cannot be agreed upon, the court will determine a schedule and both parents will need to comply with the arrangement.

The Benefits of Joint Custody

Of all the possible situations, shared legal custody and shared physical custody are often the most beneficial for the child. It allows your children to spend time equally with both parents. Each case is unique, though, and the court will look at all factors involved in the case before making a decision.

Child custody, who is awarded what, and the details of the schedule can be confusing and complicated, not to mention overwhelming and emotional. When you’re going through a divorce and the decision of child custody needs to be determined, you must work with a family lawyer. Our lawyers have your best interest at heart and the best interests of your child in mind.

When there are so many factors for the courts to consider, having a reliable attorney will ensure that your interests are represented as well.

Contact The Law Offices of Diron Rutty, LLC For Help with Child Custody Issues

The Law Offices of Diron Rutty has been representing the residents of the Bronx, New York City, and Poughkeepsie since 1995. We have a thorough understanding of the court system, the child custody process, and what factors a judge will weigh the most in determining child custody. We will work tirelessly to ensure that you and your child get what is best.

Whatever the specifics of your case are, we will be there from start to finish, providing sound legal advice and guidance. Schedule a consultation with us today.