Types of Custody Explained
Determining child custody is undeniably one of the most stressful parts of divorce. There are several types of child custody arrangements, and the differences can be confusing. Learning about the different custody plans can help you discover the best option for your situation. Although this article utilizes the term physical custody, during mediation, we prefer to use gentler terms like “co-parenting plan” and “primary/secondary caregiver” to ease tension and more accurately reflect what’s being discussed.
How Is Child Custody Determined?
When parents work together, they have the power to create a parenting plan that outlines their arrangements and how they will work. This collaboration and decision-making process can be empowering, as it allows you to tailor the plan to your unique circumstances. You can make these plans during mediation and then finalize them in court. Mediation, being less contentious than family court, is a quicker and more amicable route.
A child custody evaluation may be necessary if the parents cannot agree on arrangements. When a court gets involved, it will evaluate the child's best interests to determine custody. These factors include:
Recommendations based on the evaluation
Which parent has been the primary caregiver
The child's preferences
The mental and physical needs of the child
Presence of domestic violence in the home
When the court determines child custody, keeping both parents in the child's life is usually in the child's best interest.
The Types of Child Custody
Several types of custody options can be arranged by parental agreement or by court order.
Sole Custody
In sole custody, the custodial parent decides the child's residence, school attendance, healthcare and other aspects of their well-being. The child also lives with that parent full-time.
To enforce sole custody, the court must determine whether the other parent is unfit to care for the child due to finances, housing instability or history of abuse. Some advantages of sole custody include less conflict between parents, consistency for the children and a simplified decision-making process for the custodial parent. However, sole custody can become overwhelming and may impact the child's view of the noncustodial parent. The child's mental and emotional well-being may also be affected.
Joint Custody
During joint custody, the child lives with each parent part-time, and both make decisions for the child's well-being. With joint custody, both parents are involved in the child's life and responsibilities are more equally divided. Your child will also enjoy stability and a meaningful relationship with both parents. On the other hand, you may run into planning and scheduling challenges, and your child will constantly move between households. There may also be more conflict with the other parent regarding decision-making. Not everyone can co-parent well, adding to the stress of joint custody.
Legal Custody
Legal custody is usually given to both parents, meaning both can decide on their child's education, medical care, dental care and religion. If parents share legal custody of their child, they must agree on decisions before making them on their behalf. If a parent retains sole legal custody, the noncustodial parent may offer advice but cannot decide on the child's medical care or where they attend school.
Physical Custody
Physical custody refers to the parent living with and caring for the child daily. Judges will consider the child's best interests when determining sole physical custody.
Sole Physical Custody
Your child will live with you full-time if you receive sole physical custody. Judges may award sole physical custody if there are extenuating circumstances, including:
The other parent resides far away.
The noncustodial parent is unfit to live with and care for the child.
The noncustodial parent cannot provide safe housing.
If sole physical custody is in place, the judge usually allows the noncustodial parent some visitation rights. However, visitation may be supervised, and drug testing may be mandated.
Joint/Shared Physical Custody
Joint physical custody allows a child to spend significant time with both parents. Usually, children live with one primary parent but sometimes stay overnight with the other. With joint custody, parents can utilize a co-parenting plan that addresses details like:
How to arrange exchanges
Communication and scheduling issues
Transportation costs
While joint custody may put some strain on the family in terms of scheduling, it is usually much better for the children to have contact and involvement from both parents.
What If You Don't Agree on Custody?
Schedule a mediation if you and the other parent cannot agree on child custody arrangements. During mediation, you can come to an agreement and create a fair plan that works for everyone. If you'd like to find out more, schedule a consultation with Haas Mediation today. Together, we can take the first step towards creating a co-parenting plan that works for you, your child and their other parent.
