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When it comes to divorce, determining the custody of the child (or children) can be one of the most contentious, especially when dealing with attorneys – and therefore more stressful – aspects of the proceedings. There is the legal portion of it all, but also the emotional toll a long, drawn-out custody battle can take on a family. Not just the immediate family, but extended as well.
Custody arrangements can include things like type of custody, decision-making for the child, the logistics of visitations, and so much more. And each state has specific laws, so consult with a local attorney for any details that might pertain to your situation.
Types of Custody Arrangements
Legal Custody
This refers to who gets to make the important decisions for the child regarding things like medical/dental treatments and care, religion, and education. This can be appointed to one (sole custody) or both (joint custody) spouses. If both spouses have legal custody then they both have a say in these key matters. As a general rule, joint custody is considered the best option to ensure decisions are always made in the best interest of the child.
Physical Custody
This is the type of custody that most people think about in a divorce. It determines where the child (or children) are going to stay and for what duration of a week, month or year. There are two types of physical custody; Joint & Sole.
Joint custody is when both parents share a period of time having the child live with them. It does not need to be a 50/50 percentage of shared time. It can alternate between days, weeks or months depending on the circumstance. This is preferred by the courts only if both parents live in the same vicinity and plan to be a part of their child’s life.
In sole custody, a single parent gets the right to have the child live with them full-time. The other noncustodial parent then sets up a visitation schedule to spend time with the child. These visiting rights are set up by the court and must be adhered to by the parents. These set visits can be for hours at a time or even a full day. It’s important to keep the child’s best interests in mind when setting up sole custody plans.
Third-party Guardianship
In some very specific cases, a member of the child’s family or maybe even a close family friend can see custody of a child as part of a divorce. This could be because neither parent is fit to take care of the child on a regular basis. There are home inspections, background checks and interviews before this type of custody is approved.
How Custody Decisions are Made
It’s not easy sometimes to determine who the best parent is to have custody and, of course, in many cases both parents feel they are worthy. Here, a few considerations the court keeps in mind:
- The child’s age and gender
- The child’s mental and physical health
- The emotional bonds that exist between parent and child
- The parent’s ability to provide
Of course, these are not all the things to go into a custody decision, but they are some critical pieces to this sensitive and emotional aspect of the divorce process.
