What Are the Different Types of Child Custody Arrangements?

During a divorce or separation, one of the most important issues to discuss is child custody.  In many cases, both parents want to maintain an active role in raising their children, and therefore have strong opinions as to how they wish for custody to be arranged.  When parents can mutually agree upon a custody arrangement, the judge will generally uphold their decision, as long as it is in the best interest of the child or children.  If parents cannot agree on a child custody arrangement or parenting plan, the judge will intervene. Above all, the judge will base his or her decision on what is best for the child.  Other factors the judge is likely to take into consideration include:

• The financial income of both parents

• The current relationship the child has with each parent

• Each parent's ability to provide a secure and stable environment

• Each parent's current lifestyle

• Each parent's physical and mental health

• If the child would be separated from siblings

• The child's opinion (if above a certain age)

• The child's current routine

After taking these factors into consideration, the judge will grant custody to one or both parents under one of the following arrangements:

• Joint/Shared Physical Custody:  the child spends time living with both parents, however, the amount of time the child spends with each parent may or may not be completely equal

• Sole Physical Custody: the child only lives with one of the parents.  In these types of custody arrangements, the non-custodial parent is generally granted visitation rights that permit him or her to see the child on certain days at certain times.

• Joint/Shared Legal Custody: both parents are given the authority to make legal decisions on the child's behalf, such decisions in regards to healthcare, education, religion, and more.
• Sole Legal Custody: only one parent is given the authority to make legal decisions.

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