Types of Child Custody

There are several different types of child custody arrangements, and depending on your situation, one or more may be appropriate for your family. The type of custody arrangement you make will depend largely on the relationship you have with the other parent, where often the final arrangement is based on a compromise. A family law attorney can further explain these arrangements to you, and how they would work in your particular situation.

  • Physical custody vs. legal custody: Physical custody determines who the child lives with. Legal custody determines who is allowed to make the decisions that affect the child.
  • Joint custody: This is when both parents have equal rights to make decisions for the child and both parents are entitled to equal living time with the child. Both parents also have equal responsibility for the welfare of the child.
  • Sole custody: When the child lives with only one parent, and that parent has sole decision-making authority.
  • Temporary custody: When a court grants custody temporarily, until a parenting plan is finalized.
  • Non-parental custody: When custody is granted to a party who is not one of the parents of the child.

Custodial vs. Non-Custodial Parents

The custodial parent is the parent with whom the child lives. The non-custodial parent does not have custody, but is allowed to spend time with the child and/or take part in decisions that affect the child’s life. Usually a parenting plan is formalized that spells out each parent’s role and visitation rights. If both parents can agree on a custody and visitation plan without help from the court, that plan will be put into effect. While the court may not be involved in creating this type of parenting plan, it is important to file any agreement made between parents with the court to make it official and enforceable.

An attorney can guide you through the necessary paperwork. If parents are unable to agree on who will have custody of their children, the court may order the parents into mediation. An impartial mediator (usually an attorney or social worker) will work with the parents to come to some form of agreement. When an agreement is reached, it will be filed with the court for enforcement. If mediation fails, the parents may go to court for a custody hearing. During the course of the hearing, evidence will be presented and expert witnesses (such as social workers or psychologists) will be called to testify on behalf of the parents and/or children. Ultimately, the court will make the decision that the parents were unable to make themselves, and the court’s decision will become legally binding. If you are facing a child custody hearing, it is important to be represented by an experienced family law attorney. For more information about child custody laws in your state see: “The American Bar Association – Family Law in all 50 states.

Related Posts
Landlord and Tenants: Roles and responsibilities
In this article, I am going to examine the nuts and bolts of duties and responsibilities of landlord and tenants which come under the landlord-tenant law in the United States. ...
READ MORE
Law and order
Law and order are the two most important aspects for a nation to grow.There are different types of laws.Federal laws apply to everyone whereas State and Local laws apply to people ...
READ MORE
Roommate and late rent payment?
Living in a house or an apartment with a roommate can be fun, especially if that roommate is your friend. However, when your roommate pays rent late, your friendship might ...
READ MORE
Open container violation
While driving your car, you are not allowed to have any alcohol containers, such as bottles and cans, that have been opened, having broken seal, nor had its content partially ...
READ MORE
Affordable DUI attorney
Traffic violations don't seem to be all minor offences since they need major ramifications within the future. Reckless driving causes most of the traffic accidents and to stop that, traffic ...
READ MORE
Why to hire dui lawyer
You must have heard of the friends or family members being caught under the DUI. Definitely, Driving under Influence is not a small case. In fact most of the states ...
READ MORE
Important part in your dui case
You might not agree with the results of the police report for your DUI case the first time you see it. The report contains the results of the field sobriety ...
READ MORE
Help with divorce cost
Divorce is anyway not a very pleasant experience. And when you consider the emotional, physical and financial trauma two of them undergo, it is really tedious to deal with it. ...
READ MORE
How to deal with your business debts
Around 90 percent of businesses fail before they even reach ten years. And in this challenging economy, it would be normal if your business would dwindle down to failure. This ...
READ MORE
Buying or Selling real estate property
If you are not an expert in buying or selling a real estate property, you need the help of a sales agent to walk you through the entire process. You ...
READ MORE
Landlord and Tenants: Roles and responsibilities
Law and order
Roommate and late rent payment?
Open container violation
Affordable DUI attorney
Why to hire dui lawyer
Important part in your dui case
Help with divorce cost
How to deal with your business debts
Buying or Selling real estate property