Family Law Attorneys

The Differences in Child Custody Types and What You Should Know

The Differences in Child Custody Types and What You Should Know

There are different types of child custody types and each can impact your situation depending on what the family courts decide. It is important that if you are involved in a child custody dispute to be aware of the different types and how they may affect you and your family. The two main differences are legal and physical custody, each having their own rules and regulations.

  • Legal Custody. Legal custody differs quite a bit from physical custody and the main difference is that it refers to the most important decision in a child's welfare such as the school they attend medical decisions of a non-emergency basis and even the type of religion the child is exposed to. Joint legal custody means that both parents make a determination of the decisions involving the child.
  • Physical Custody. This is where the child is living with one or both of the parents. Sole custody means that the child lives with one parent, although typically there are generous visitation rights of the other parent not retaining sole custody; it all depends on the individual situation. Where there is joint custody, the child's living status is divided between the parents or guardians and this is typically an equal share. It can vary on how the custody is shared such as one parent having summer and spring while the other has fall and winter or a set calendar time period that is decided in advance.
  • Bird's Nest Custody. There is also a term known as "bird's nest custody" where the child or children are in one place and the parents are the ones that reside in the home on a rotating basis.

If you need advice or a consultation for child custody rights then contact us so we can help. We can not only discuss your needs but we work with you to ensure that you are able to protect your rights and your children after a divorce.