Understanding The Different Types Of Child Custody

Contrary to what many people believe, there are many different types of child custodies. While a judge awards all custody determinations, not every situation is the same.

The following information will help you to understand the different types of child custody, as well as help you to determine which may be the best for your specific situation:

Physical Custody

With this type of child custody, a parent has the right for his or her child to live primarily with them. When a sole parent, or custodial parent, has physical custody, the other parent, or noncustodial parent, will typically have visitation rights or parenting time awarded to them.

Legal Custody

With this type of child custody, the parent with legal custody has the right to make all the decisions in regards to the child’s upbringing, such as with the child’s schooling, religious beliefs, and medical care.

Sole Custody

With this type of custody, which is a form of physical custody, a parent is typically awarded sole and physical custody of their child. These cases are not preferred, but are often seen in cases in which one of the parents are deemed to be unfit, especially if there are allegations of abuse or neglect. Since sole custody is not ideal for the benefit of the involved child, unless there is a cause for concern of the child’s well-being, most attorneys will not advise that these cases be pursued.

Joint Custody

With this type of custody, which is a form of physical custody, both parents will have custody of their child and will share in the decision making process in the child’s upbringing. This type of child custody is ideal for parents that both spend a significant amount of time with the child and live in close proximity of each other. This is an ideal situation for the benefit of the child, which will help to reduce their amount of stress and maintain a sense of a routine, which is critical for the child.

Judges will often consider the different types of custody and make their ultimate decision based on all the information presented to them. This will sometimes result in the combination of custody types, all dependent on what is best for the child.

While child custody cases are all difficult and emotional, it is important to keep the child’s well-being and happiness in mind. In order to ensure that you are being represented fairly and your child’s best interests are taken into consideration, consult with the attorneys at Cosley Law today.

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