Types of Child Custody
The issue of child custody becomes significant when parents get divorced. Various types of child custody arrangements exist, and each one can be tailored to individual cases. Parents and courts will work together to shape an agreement once you’ve established the type of child custody arrangement you want to pursue. Schedule a free case evaluation with a child custody lawyer to discuss the merits of your case. They will best advise you on how to proceed with your child custody hearing and represent your legal parental rights.
What Are the Different Types of Child Custody?
Natural-born parents are generally the natural custodians of their children, and the law does not favor either over the other. Instead, the law reviews what’s in the “best interests of the child” when making decisions about custodial and visitation rights. Both parents can petition the court for child custody.
When parents cannot agree on custody arrangements, the court will grant custody to either or both parents. Types of child custody arrangements include the following: sole, physical, legal, joint or shared, split, temporary, and emergency custody.
Physical Custody
Physical custody entails a child’s living arrangements after a separation or divorce. Sole physical custody grants one parent primary responsibility for a child, while shared physical custody assumes the parents share or split the duties of the arrangement. Shared physical custody is generally granted when parents live close to one another. When parents live far away from each other, the court may determine that a shared physical custody arrangement is not in the child’s best interest.
Legal Custody
Legal custody grants a parent the authority and responsibility to make life decisions for their child regarding things such as education, discipline, religion, healthcare, sports, and other extracurricular activities. Sole legal custody grants one parent these rights, whereas joint legal custody assumes the parent’s share in the decision-making process for their child or children.
Sole Custody
If one parent is unfit to care for their child, a court may grant sole custody to the fit parent. A sole custody agreement gives one parent legal and physical custody of the child. They have complete control over the decision-making for the child or children. The other parent has limited or zero involvement and is court-ordered to pay child support to the custodial parent. Courts grant sole custody when one parent is deemed unfit or if their new partner or spouse is deemed unfit. Parents seeking sole custody need a lawyer to build a strong case.
Joint Custody
Joint custody, also called shared custody, is an agreement in which both parents share legal custody of the child. One or both parents may have physical custody in joint child custody arrangements. These arrangements allow both parents to make life decisions for their child’s upbringing.
Parents may split physical custody evenly or determine a schedule that fits their needs. The parent with less physical custody is granted parenting or visitation time in the arrangement. Parents can draw up joint custody arrangements, sometimes called parenting plans, that fit around their specific circumstances before presenting the child custody arrangement to a judge.
Split Custody
Split custody involves two or more children and is generally unfavored by the courts. It’s when one parent assumes sole custody of one child while the other parent has sole custody of the other child or children. Split custody may occur when courts are honoring the wishes of older children.
Temporary Custody
Temporary custody, or pendente lite, can be filed while waiting for the court to hold your child custody hearing. It is not an initial award of custody but a temporary order that can only apply if you file a request for a hearing along with an Order for Temporary Custody and Support with your Complaint for Custody or Divorce. Your child custody attorney can complete and file these documents.
Emergency Custody
The law allows courts to grant emergency custody when there is an imminent risk of serious and immediate harm to your children and yourself by the other parent. Emergency custody procedures may vary per Circuit Court. However, they typically occur quickly after filing the request. Emergency custody is a temporary order while you continue your case for sole custody, but it is not the same as temporary custody.
Who Has Child Custody When the Parents Are Not Married?
If parents are unmarried and separating, the child is the child of their mothers. That means they have sole legal and physical custody of the child or children. Fathers must establish paternity in court to have parental rights or seek any type of child custody or visitation. Fathers who need assistance filing a Complaint for Custody should consult a child custody lawyer immediately. They should have the answers to your questions and can determine what type of custody arrangement you can seek with the other parent and the courts.
How a Child Custody Lawyer Can Help
A child custody attorney can help provide legal guidance and clarity to child custody cases. They can explain your legal rights and the different types of child custody options based on your state’s law. A child custody lawyer also helps in the following ways:
- Paperwork and Deadlines: Your child custody attorney handles all proper completion and filing of paperwork, such as petitions, court orders, and discovery requests, in compliance with deadlines.
- Gathering Evidence: Evidence is vital in establishing the need to award your Complaint for Custody. Attorneys will gather medical records, school reports, eyewitness statements, and documentation of your child(ren)’s living situation.
- Negotiation and Mediation: Lawyers will try to reach an amicable child custody arrangement through negotiation or mediation between parents and other attorneys to avoid a contested court hearing.
- Court Representation: A child custody attorney will represent your case in court—presenting arguments, calling key witnesses, cross-examining defense witnesses, and fighting for your desired child custody arrangement.
Christopher M. Rolle
Consult an experienced child custody lawyer to understand your legal rights as a parent and file a Complaint for Custody. You don’t have to do this alone. Whether you need to protect your child from an unfit parent or seek visitation from an unreasonable one, an attorney can help. Schedule a free case evaluation.Â