Different Types Of Child Custody After Divorce
When you go through divorce, your divorce attorney can help you wade through gathering evidence, legal proceedings, and child custody. As a parent, it's your top priority to make sure your child or children stay safe, happy and healthy during the entire divorce process. As you have likely never gone through a divorce with children before, you may have questions about different types of custody situations available to you. Your divorce attorney can help you determine the best situation for your family, but it's good to understand your options before going into a meeting with your lawyer.
Types of Custody
Legal Custody
Legal custody is the ability to make decisions for your child, such as where they go to school, religious upbringing, medical care and other parenting decisions. Both parents can have legal custody over their children, but you can fight for sole legal custody if you believe that your spouse is abusive or won't work with you to make decisions regarding your child together.
Physical Custody
When a parent has physical custody of their child, it means they have the right to have the child with them. Parents can have joint physical custody, and this situation typically only works when the parents live fairly close together. It is possible for one parent to be the custodial parent (and have the child live with them most of the time) and the other parent to have visitation rights. In this case, the child can go live with the parent for a summer or visit them every other weekend, depending on the schedule the court sets up.
Custody Situations
Joint Custody
Joint custody is when both parents share custody of their children. Various custody situations can occur, with variations on physical and legal custody for each parent. One parent may have sole physical custody over a child, but the other parent can join in on legal custody. If the parents cannot figure out a schedule on their own, the court may impose a schedule to determine housing situations and how hand-offs are made. Some parents choose to keep their children in the same home, and move parents around instead of their children. This type of joint custody is called "nesting" and typically provides a more stable environment for children than the alternative.
Sole Custody
You can fight for sole custody of your child if you feel like your ex-spouse is negligent, abusive or otherwise unfit to have legal or physical custody. Divorce lawyers typically suggest seeking sole custody if you truly feel like your ex-spouse is a danger to your child. Any personal animosity towards them should not necessarily affect the custody situation, as it can cause further problems.
Speak with your divorce attorney like one from Law Offices of Gordon Liebmann about the best options for you and your family today.