Understanding child custody types
Understanding child custody types
You can file child custody pro se, that is without an attorney representation or hire a lawyer. In any event it is always in the best interest to educate yourself about the child custody process and child custody rules. Filing for child custody pro se is a viable alternative to paying costly legal fees but requires research and knowledge of the subject matter.
Custody issues are confusing because the laws and the language used vary from state to state. In most states, the courts will award joint legal custody so that both parents can retain their legal rights as far as any decisions made about or for their child. It is highly recommended to research state laws concerning child custody for a better understanding of what to expect. You should also check the steps for filing child custody and factors affecting custody of children before filing custody based on the factors affecting custody of children.
Child custody arrangements are one of the most important issues to arise during a divorce. A better understanding of child custody types can help parents deal with the custody decision more effectively.
The child custody types are listed and explained in simple terms below:
Legal Custody: When a parent has legal custody of the child, then that parent has the right to make long term major decisions regarding the needs of the child. Like, the decisions regarding education, medical care and religion.
Physical Custody: When a parent has physical custody of the child, then that parent has right to make decisions regarding where the child will live or stay physically. Like, the child lives with one parent with only visitation to with the other parent.
Sole Custody or Full Custody: When a parent has sole custody of the child, then that parent alone has both legal and physical custody of the child. The other parent has absolutely no rights.
Joint Custody or Shared Custody: When parents have joint or shared custody of the child, both parents are mutually responsible for the care and decision making related to the child.
Sole Legal Custody: When a parent has sole legal custody of the child, then that parent is the only person who has the complete legal authority to make long term major decisions on behalf of the child. Such decisions would mostly be, Medical decisions in case of emergency and non-emergency
Educational decision like choice of school, type of education, etc.
Religious decisions like what religion child follows, church attendance, etc.
Joint Legal Custody: When parents have joint legal custody of the child, then both parents have the legal authority to make major decisions regarding their children. Parents must reach an agreement about all major decisions and if they cannot, they must ask the court to intervene. Parents can potentially share joint legal custody even if one parent has physical custody.
Sole Physical Custody: When a parent has sole physical custody of the child, then the child physically lives with that parent and visits the other parent. Though the child does not live with the other parent, the amount of visitation time is generous enough. Also, the parenting time allowed will vary with each family depending on such issues as work schedules, distance, abuse problems and/or schooling.
Joint Physical Custody: When parents have joint physical custody of the child, then the child have two residences and spend an approximately equal amount of time with each parent. This form of child custody is also called Shared Custody, or Shared Parenting. In this situation, parents mutually decide what part of the year children will live with one parent and live with the other parent during the remaining time.
Temporary Child Custody: It is extremely important to understand Temporary custody as it almost always ends up becoming a permanent custody. Temporary child custody is the custody of children awarded for a temporary period of time like during the time the divorce litigation is going on. It is common for the court to award or grant one parent temporary custody of the children until the permanent custody decision is made or divorce is finalized. Not only it can influence your permanent custody order but also give you some recourse if the other parent doesn't comply with an agreed upon custody arrangement.
Partial Custody: Partial Custody is an intermediate between sole physical custody and joint physical custody. Partial custody allows the non-custodial parent to have the child live with him/her for a certain period of time while the custodial parent has the child for the most period of time.
Split Custody: Split custody is when the custody decision involves division of more than one child between both parents. Split child custody is often not preferred by the courts but there are times when it makes sense to spilt custody. In split custody each parent has custody of at least one child.
Bird's Nest Custody: This form of custody is a combination of the joint or shared sole and physical custody. In this case, a custody agreement could be designed wherein the child has one primary residence and each parent lives there with the child on a regular rotating basis as per the decided schedule. These special arrangements can be mutually decided or ordered by a judge if one or both parents requests it and the court is in agreement that it best serves the child's interests. Parents - Be Sure Not To Take Out Your Anger On Your Children Advice On Selling Whatever It Is That You Are Selling From Someone Who Has Been Successfully Selling Since Childhood! Part 5 Advice On Selling Whatever It Is That You Are Selling From Someone Who Has Been Successfully Selling Since Childhood! Part 6 Advice On Selling Whatever It Is That You Are Selling From Someone Who Has Been Successfully Selling Since Childhood! Part 7 Advice On Selling Whatever It Is That You Are Selling From Someone Who Has Been Successfully Selling Since Childhood! Part 8 Paying considering your Child's College Finances Advice On Selling Whatever It Is That You Are Selling From Someone Who Has Been Successfully Selling Since Childhood! Part 9 How you can Keep Your Kid Quite If You are On The Phonecan How To Express To An Anorexic Child Acceptance Plus Coping Strategies Is Your Snake A Boy Or Girl? Why Would the Child Eclipse Anorexia Save Big on Toys Exactly where can you find the best child boy gifts?