Child Custody is a very common term when dealing with divorce or family law cases. As our Arlington family lawyer who has received a 10.0 rating from Avvo can share, child custody defines the legal relationship between a child and their guardian. The topic of child custody can be a frightening one, and can induce a lot of conflict due to the emotional process it can be. To make the lives of parents who have to go through child custody easier, there are different types of child custody. Below are the types of custody and what the benefits and differences are of each.
Sole Legal Custody
With this type of custody, one parent makes the major decisions for the child. This includes medical, educational, and religious decisions. This kind of custody is granted when the other parent has proven to be unfit to take care of the child. A parent may be deemed unfit if they struggle with substance abuse, domestic abuse, have been incarcerated, or have mental health issues. Sole custody can be beneficial because it can provide more simplicity and stability for the child and the parent who is taking care of them. The goal of this type of custody is solely to provide a better life for the child, even if that may imply living with one parent only.
Joint Legal Custody
With Joint Legal custody, both parents make major decisions for the child. This includes medical, educational, or religious. For any decision to be made, both parents must be on the same page. This can be beneficial because usually this is granted when the joint is favorable for the child as well. This type of custody allows both parents to be part of the child’s life.
Both of these types of custody are “ Legal” because they deal with legal issues such as medical records, papers, education, and other major decisions for the child.
Sole Physical Custody
Sole physical custody is granted so that one parent takes care of the child on a day to day basis. The child only lives with one parent. Along with this, visitation is usually also granted. A schedule of visitation is made to the preference of both the parents and the child. This arrangement might be beneficial if one parent travels in abundance, or is unfit to take care of the child full time. If the child is 12 or older, the court may consider the child’s preference as well when deciding who will have sole physical custody. It is important to take the child’s opinion into account because overall this process is mostly for their own safety, happiness and comfort.
Joint Physical Custody
This type of custody entails that both parents take care of the child, and the child lives at both houses. When this kind of custody is granted, some kind of schedule is also set by the parents so they share nearly equal responsibilities and time with the child. Parents might alternate weekends or split holidays to spend time with the child. If made correctly, then a schedule like this can make the lives of the parents and the child much easier. In addition, with this type of custody there is flexibility to accommodate for the child’s activities or commitments.This is often paired with Joint legal custody as well.
The basics of custody are granted based on circumstance and decision of the court. Consult a family law attorney at Brandy Austin Law Firm who has been rated by Super Lawyers to find out which type of custody is preferable for you and your family.
