August 4, 2021
There comes a time when parents need to file for child custody due to various reasons, such as divorce, annulment, separation, adoption, or parental death. Whatever the reason behind this, child custody is usually determined with the child’s best interests in mind.
If you are a parent filing for child custody, it is only best to understand the differences between child custody types. So, without further ado, here are the following types of child custody:
Physical custody gives a parent the right to housing the child. Some states award joint physical custody to both parents when the child spends significant amounts of time with both of them. This custody type works best if parents live near each other so the child can maintain a relatively normal routine.
If the child primarily lives with one parent and has visitation with the other, the parent that houses the child, a.k.a. the custodial parent, has sole or primary custody. The noncustodial parent only has the right to visit or have parenting time with the child.
Legal custody of a child means a parent has the right and obligation to make decisions for the child’s sake. That includes the child’s upbringing, schooling, religious choices, and medical care. In most states, courts award joint legal custody to both parents.
If you are sharing joint legal custody and decide for the child without including your ex-spouse in the process, the judge can take you back to court and plead with the judge to enforce the custody agreement. That could end up in more friction between the two of you and harm the child in the process. It can also be expensive.
In most states, joint legal custody is preferred. So if you don’t want that, you need to convince a family court judge that it is not in your child’s best interests.
One parent can have either sole physical custody or sole legal custody of the child. Courts don’t hesitate in awarding this custody type when the other parent is unfit, especially if he or she is drug dependent or has child abuse and neglect charges.
However, most states are leaning towards enlarging the role of both parents in the child’s life. So, even if courts award sole physical custody, both parents may still share joint legal custody, with the noncustodial parent enjoying a generous visitation schedule.
In this situation, both parents will make joint decisions about the child’s upbringing, but the custodial parent is the primary physical caretaker. It’s best to seek sole custody only if the other parent poses direct harm to the child and not due to animosity between the two of you.
Parents that don’t live together have joint custody or shared custody of the child. That means you share decision-making responsibilities and physical custody of the child. This custody type exists when parents are divorced, separated, no longer cohabiting, or never lived in the same household.
Final Thoughts
The most crucial thing in every child custody case is what’s in the child’s best interest. Parents must act civil, whether there is hate or not since the two might share custody and are equally involved in the decision-making processes.
Dorsey Law Firm is a leading family law firm in Jacksonville. We have experienced trial lawyers committed to attending to a wide range of family law issues, including child custody. We attempt to negotiate settlements but are not afraid to take a case to trial when necessary. Do you need a lawyer? Get in touch with Dorsey Law Firm today.
