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General Types of Child Custody

 

Child Custody

Child Custody is an issue that affects everybody involved - mom, dad, children, as well as other family members. Nothing is as precious to a parent as their own child or children. Regardless of any bad situations or choices you may have made in the past, you still have rights as a parent.

The following should be regarded as general information about the various types of custody and should not be regarded as legal advice.

Types of Custody

Joint custody: parents share physical and legal custody.

Sole physical custody: the child lives with and is under the supervision of one parent. The other parent may often have visitation. This is also commonly known as full custody.

Joint physical custody: each parent has significant periods of physical custody.

Sole legal custody: one parent has the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.

Joint legal custody: both parents share the rights and responsibilities to make decisions concerning the health, education, and welfare of the child.

More on Child Custody

Child Custody and Guardianship are the legal terms used to describe the legal and practical relationships between a parent and child, including e.g. the right of the parent to make decisions for the child and the duty to care for the child. As previously stated - child custody is determined by assuring that what is being proposed/decided is in the best interest of the child.

Legal Custody

Legal Custody gives a parent the right to make long-term decisions about the raising of a child and key aspects of the child’s welfare - including the child’s education, medical care, dental care, and religious instruction. In many child custody cases, legal custody is award to both parents (called “joint legal custody”), unless it is shown that one parent is somehow unfit, or is incapable of making decisions about the child’s upbringing. Legal custody is different from “physical custody.” Which involves issues such as where the child will live.

Joint Custody

In child custody situations, joint custody usually refers to one of two possible scenarios: joint legal and physical custody, or joint legal custody.

In perfectly balanced joint custody arrangements parents share equal legal custody and physical custody rights. This means that parents participate equally in making decisions about the child’s upbringing and welfare, and split time evenly in having day-to-day care and responsibility for the child - including the parent’s right to have the child live with them.

Most parents have arrangements that pertain to joint legal custody, in which both parents share the right to make long-term decisions about the raising of a child and key aspects of the child’s welfare, with physical custody awarded to one parent.

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