Child custody can be a really hefty subject, that’s because of the emotional distress involved. There are several kinds of custody arrangements; understanding each of them helps determine the different scenarios in which a custody battle can end.
In some instances, a judge will award full custody to one parent. With the help of a child custody lawyer, a parent can file for full custody if the other one is proven to be unfit. Such incidents are rare and usually involve drug abuse, mental instability, child abuse, neglect, and violence. In most cases, courts try to reach a custody ruling where the child can access both parents if it’s in their best interest.
Most people believe custody processes only mean the amount of time a parent has with their child. However, it mostly pertains to the decision-making power a parent has over matters affecting the child. The following are the variant types of child custody processes.
The Different Types of Custody
1. Legal Custody
Having legal custody means you have the right to make decisions and rulings over how the child is raised. Parents who have legal custody can control a child’s religious upbringing, schooling, medical care, and major affairs in the child’s life. In most states, legal custody is usually awarded to both parents, meaning both equally share the child’s decision-making processes.
When parents share joint custody of a child, one parent is not allowed to make any decisions about the child without consulting the other. If that happens, the excluded parent can go to court and ask for the custody agreement to be enforced by the judge. If the problem continues, the excluded parent can go to court and contest for full custody.
2. Physical Custody
A physical custody arrangement allows one parent to live with the child. However, some states allow joint physical custody if the child spends a considerable amount of time with each of the parents. This type of arrangement works best for parents who live relatively close. The child is able to spend time in both houses and still maintain a stable routine.
3. Joint Custody
Separately living parents have joint or shared custody and shared decision-making systems; including shared physical control and custody of their child.
Parents who share joint custody usually design a schedule that works for them both; in terms of housing, work routine, and the child’s needs. The parents can collaborate in setting up the schedule, but if they are unable to come to an agreement, the court usually compels an arrangement. In this arrangement, the child often splits days between each parent.
4. Sole Custody
Under this custody arrangement, one parent has full authority over all major decisions about the child, whereby the child is primarily living with the parent with custody. One parent having full custody does not necessarily mean the other parent will not have access to the child; as long as they are not a threat to the wellbeing of the child, they can be allowed visitation time.
Wrapping It Up
Lack of cooperation between two parents is usually the cause of child custody battles. Children need stability; therefore, courts always try to have both parents involved in the lives of their children. By taking into account both of the parents’ abilities to support the child, the court is able to design the most suitable custody arrangement for each case; which involves putting into consideration things like, the parent’s income and ability to relate and collaborate in making informed decisions affecting their children.
