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Child Custody and Visitation
Types of Child Custody
In a child custody situation, parents' rights will depend on the type of custody that is agreed upon or ordered by the court. Below you will find tips on the key differences among legal custody, physical custody, sole custody, joint custody,
What are the Types of Child Custody
Physical Custody
Sole Custody
Joint Custody
Joint Legal and Physical Custody FindLaw Bookshelf
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Physical custody is one of the most commonly known types of child custody. If a parent has been granted physical custody of a child by a court or other ruling body, this means that the parent has the right to have the child live with him or her. In some states, an award of joint physical custody is possible when a child will be staying with both the mother and the father for significant periods of time.
If a parent has been awarded legal custody of a child, this means that the parent has the legal authority to make decisions about the child's education, health and upbringing. The parent with legal custody of a child will have the authority to decide which school to send the child to, which religion the child will practice, and what sorts of medical care the child will receive. Many states regularly award joint legal custody after a divorce. This means that parents will have to cooperate and make joint decisions about their child's upbringing.
It is not unheard of for a judge to award sole legal or physical custody of a child to one parent. Sole physical custody is often awarded in divorce proceedings when it can be shown that one parent is unfit to be a parent, often due to financial, drug or alcohol problems. In addition, if one parent has taken to living with a new partner, and that new partner is deemed unfit to care for the child, then sole physical custody may be awarded to the parent that is in the better position to care for the child.
Physical Custody
Physical custody is one of the most commonly known types of child custody. If a parent has been granted physical custody of a child by a court or other ruling body, this means that the parent has the right to have the child live with him or her. In some states, an award of joint physical custody is possible when a child will be staying with both the mother and the father for significant periods of time.
Legal Custody
If a parent has been awarded legal custody of a child, this means that the parent has the legal authority to make decisions about the child's education, health and upbringing. The parent with legal custody of a child will have the authority to decide which school to send the child to, which religion the child will practice, and what sorts of medical care the child will receive. Many states regularly award joint legal custody after a divorce. This means that parents will have to cooperate and make joint decisions about their child's upbringing.
Sole Custody
It is not unheard of for a judge to award sole legal or physical custody of a child to one parent. Sole physical custody is often awarded in divorce proceedings when it can be shown that one parent is unfit to be a parent, often due to financial, drug or alcohol problems. In addition, if one parent has taken to living with a new partner, and that new partner is deemed unfit to care for the child, then sole physical custody may be awarded to the parent that is in the better position to care for the child.
Joint Custody
If the parents of a child do not live together but share the responsibilities of making decisions about the child or housing the child, they are engaging in joint legal or physical custody of the child. Joint custody can be joint legal custody, joint physical custody, or both joint legal and physical custody.
Joint Custody Arrangements
When parents share joint physical custody of a child, they will often draw up a joint custody arrangement that they will present to the judge to be ratified. This arrangement is based upon the parents' work schedules, the child's school schedule as well as the needs of the child. For parents that live close together (meaning that getting to school for the child is not a problem from either house), it is pretty common for parents to rotate weeks or months with the child.
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