Types of Custody Arrangements

If you and your spouse have decided to divorce or separate, and you have children together, you will need to determine a child custody/visitation arrangement before your divorce can be finalized. The arrangement can be informal, meaning it’s something you and your spouse agree to and enforce without intervention from the court, or it can be formal, meaning a judge or arbitrator determines the custody arrangement on your behalf.

Child custody can be divided evenly between the parents or it can be awarded solely to one parent. The best case scenario is for the parents to share equal, or close to equal custody, as studies have proven that children are more well-rounded when they see and spend time with both parents. However, sometimes it is not possible for parents to share equal custody, either because one parent is unfit for that type of arrangement or because location and scheduling interfere.

Regardless of what state you live in, there are two types of custody that need to be addressed: physical custody and legal custody. Both of these types of custody can be shared or awarded solely to one parent. Physical custody refers to which parent the child lives with, where as legal custody refers to which parent has the authority to make legal decisions on behalf of the child. With this information in mind, the various types of custody arrangements that can be awarded include:

• Shared or Joint Physical Custody
• Sole Physical Custody with Visitation Rights*
• Sole Physical Custody without Visitation Rights
• Shared or Joint Legal Custody
• Sole Legal Custody

*When one parent is awarded sole physical custody, the judge may grant the other parent visitation rights. Visitation rights can be granted liberally, meaning the parents are free to work out a visitation schedule that works for them, or it can be strictly scheduled by the judge. A visitation arrangement can include what days the non-custodial parent sees the child and for how long the visits lasts. Sometimes visitation must be supervised, a stipulation that would be included the order handed down by the judge.

It’s best to hire an attorney to represent you if are involved in a child custody or visitation case. An attorney an protect your parental rights and make sure your specific needs are acknowledged and upheld. Contact a child custody lawyer today to arrange a consultation to discuss your case and what options are available to you!