Types of Child Custody Arrangements

Going through a divorce is never an easy process, and if children are involved, it adds another layer of complexity. For instance, when children are involved in a divorce, you and your spouse—with the aid of your attorney—must agree upon child custody, support, and more. Not to mention all the other details that you must arrange with your spouse. We are going to examine the main types of child custody arrangements to help you identify which is the best fit for you. However, it is important to note that the details of each child custody arrangement can vary by state, so be sure to consult with your attorney for more information.

Physical Custody

In a physical custody arrangement, one parent can receive sole physical custody, or each parent could receive physical custody, also known as joint physical custody. In a sole physical custody arrangement, the parent deemed most fit for the child will be the parent whom the child lives with primarily. On the other hand, if the parents live within a reasonable distance from each other, and they can both care for the child, the judge may require joint physical custody. In this case, the child will alternate living with each parent based on an agreed-upon schedule. In most sole physical custody cases, the parent who does not have custody will receive visitation rights from the judge. However, the extent of their rights can vary based on several factors—more on that later.

Legal Custody

If the judge grants you sole legal custody of your child or children, that means you have the right to make major decisions for them. For example, you will be able to make decisions about the school they attend, their health, their religion, and so on. However, in most cases you and your spouse will have joint legal custody, unless there is a reasonable factor to exclude one parent from legal custody.

Because joint legal custody is so common, it can lead to conflict between spouses because one spouse tries to make decisions for the child without consulting the other parent. If your spouse makes a legal decision without discussing the decision with you first, you have the right to take them back to court to solve the problem. Additionally, if your spouse made a decision that could be harmful for the child, you can request sole legal custody in court.

Sole Custody

The judge often grants sole custody to one parent if the other parent is incompetent because of several reasons, such as imprisonment, financial issues, health, or drug or alcohol abuse. Sole custody could include physical or legal custody or both, depending on the situation. It’s important to note that sole custody is often the last resort because the judge understands that it’s best for the child to have each parent in their life. However, it is also understood that the child needs a physically and emotionally safe environment when they’re with their parents. That said, you should always seek joint custody if you can, but if the relationship with your spouse or their lifestyle is potentially harmful, you should seek sole custody.