Child custody is a sensitive topic that can be challenging for parents who are going through a divorce or separation. It is essential to have a clear understanding of child custody laws to ensure that the best interests of the child are met. This guide provides information on child custody law and the different types of custody arrangements available.

Types of Custody

There are two types of child custody — legal and physical custody. Legal custody pertains to the authority to make significant decisions regarding a child's life, including education, religion, and healthcare. Physical custody, conversely, pertains to the residence of the child. It is crucial to differentiate between these custody types since the court can grant them independently.

Sole Custody

Sole custody is when only one parent has legal and physical custody of the child. It is typically awarded when one parent has been deemed unfit or is unwilling to take care of the child. Courts generally prefer that both parents have a relationship with the child so sole custody is only awarded in exceptional circumstances.

Joint Custody

Joint custody is when both parents have legal and/or physical custody of the child. It is the most common custody arrangement awarded by courts. Joint custody can be awarded in two ways: joint legal custody and joint physical custody. Joint legal custody means that both parents have an equal say in making important decisions about the child's life. Joint physical custody means that the child will spend significant amounts of time with both parents.

Shared Custody

Shared custody is a type of joint custody where the child spends an equal amount of time with both parents. Shared custody is not suitable for all families and can be challenging to implement. It is crucial to consider factors such as each parent's proximity to schools and the child's needs when considering shared custody.

Visitation Rights

Visitation rights refer to the right to spend time with the child when the other parent has physical custody. Visitation rights can be restricted or supervised if the court deems it necessary to protect the child's safety. 

Child custody law can be complicated and challenging for parents who are going through a separation or divorce. It is essential to have a clear understanding of the different types of custody arrangements, visitation rights, and child support payments. 

Reach out to an attorney like Allan Brandon Tise to learn more.