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Divorce Law and Types of Child Custody

Posted on 28. Oct, 2009 by Admin in Uncategorized

Determining what is in the best interest of the children after a divorce is very important. There are a number of different options for child custody, and it’s important to keep the interests of the child first and foremost when determining what kind of child custody is best.

Physical Custody

Physical custody refers to which parent the child will live with. In the case of joint physical custody, the child spends a good deal of time with both parents. This can be successful if the parents both live relatively near to each other, allowing the children to spend time with both parents which may help them to maintain a sense of normalcy after divorce.

Legal Custody

Legal custody refers to having the right to make decisions regarding how to raise the child. In many states courts prefer to award joint legal custody, so that decision making must be shared between both parents. Some examples of the decisions parents are responsible for with legal custody include:

• Schooling
• Religion
• Health care

Sole Custody

Sole custody can refer to either sole physical custody or sole legal custody. Sole custody is more likely if one parent has been found to be an unfit parent. Even if the child lives with only one parent, meaning one parent has sole physical custody, often the parents will have joint legal custody, which means they will share in the decisions as to how to raise the child.

Joint Custody

Like sole custody, joint custody can be joint physical custody or joint legal custody. Joint physical custody is when the child lives with both parents. Joint legal custody means that both parents must work together to make decisions that affect the child.

Joint custody has both advantages and disadvantages. The biggest advantage is that both parents are still in the child’s life. However, if the parents don’t get along, the arguments that can arise from joint custody can have a negative impact on the child. Also, if the child has problems adapting to change, or needs a great deal of stability, joint physical custody can be hard for them. Having a different home each week can be stressful for a child that doesn’t like change.

Joint custody works best when the parents are able to communicate with one another openly and come to decisions based on what is best for the child. If the parents have a great deal of anger toward one another, joint custody might be detrimental to the child, as every decision can end in a heated argument.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Source: For more information on child custody please visit WurtzelLaw.com

Tags: divorce attorney, divorce law, joint custody, sole custody