Child Custody

Published by admin on December 28, 2007

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Types of Custody

Legal Custody - The legal guardian is given the right to make decisions about the child’s future and wellbeing, such as medical and dental care and education. Unless one parent is deemed unfit in making appropriate decisions for the child, joint legal custody is usually awarded to both parents.

Physical Custody - When a parent is granted physical custody he or she determines where the child lives and subsequently provides for the child’s everyday care. Physical Custody provisions allow visitation rights and shared legal custody to the non-custodial parent.

Sole Custody - Having sole physical and legal custody rights is an atypical arrangement and is generally instituted only when one parent has been considered by the court unfit to contribute in any decision making due to substance or physical abuse. The non-custodial parent has no physical or legal custody rights.

Joint Legal Custody - Both parents share in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions.

Joint Physical Custody - Both parents share in time spent with child; although the length of time between parents may differ. Some arrangements are for equal-time share, but due to stability, most parents opt for a more flexible schedule such as every other weekend with one parent.
A temporary guardianship to another individual or a foster care family may be granted by the court if neither parent can provide a stable environment for the child, possibly due to substance abuse or mental illness, or incarceration.