Divorcing couples usually have a lot to go through. There are assets to divide up like property and bank accounts. Spousal support may also come up. Child custody is something else you may be dealing with. This means you’re probably going to need to know things like the key differences between joint vs 50/50 custody.
These are only two examples of child custody terms, there are several more that may pop up during your divorce. We’re examining different types of child custody so you’re a little better prepared when it’s time to decide on a parenting plan.
The Various Types of Child Custody
Child custody is typically divided into a couple of categories, physical and legal. From there, the type of custody arrangement can be further classified. Already feeling a little overwhelmed?
Take a deep breath. This feeling is normal. You already have a lot on your plate with the divorce. However, at least you can make child custody discussions a bit easier when you have a basic understanding of the different types.
Differences Between Legal and Physical Custody
Even though the terms can vary by state, legal and physical custody are the two most commonly used. No, these terms aren’t interchangeable. Each one has a different legal definition. Adding to your possible confusion, each of these types of child custody arrangements can be further broken down into two parts.
So, what is sole legal custody? The parent with sole legal custody is responsible for making all decisions about the child’s education, health, and even religion. In other words, if you’re not the parent with sole legal custody, you’re not going to get much of a say in how your child is being raised. However, it’s different with joint legal custody. Both parents have an equal say in pretty much every decision involving their shared child.
Now, moving on to physical custody. If you have sole physical custody, your child is spending the majority or all of their time with you. The other parent may have visitation rights or none at all. You can probably guess what joint physical custody means.
Both parents have equal time with their shared child. Who makes the decisions regarding the child’s life? This is when you refer back to the terms of your legal custody agreement.
Full Child Custody
Remember when we mentioned states can use different legal terms, this is one of them. Full child custody is pretty much the same as sole legal custody. What’s the primary difference? Well, there really isn’t any.
The reason states often discard the term full child custody comes down to how the phrase sounds. Sole legal custody simply sounds better, at least in the legal sense. The parent awarded full custody is the one responsible for making all of the decisions.
50/50 Child Custody
If you’re yelling it’s the same as joint legal custody, you’re correct! Once again, some states simply feel using the phrase joint legal custody sounds better than shared child custody. Both parents have an equal say in their child’s life. Time spent with the shared child is also typically divided pretty evenly between the two parents.
Typically, the family court prefers to see parents work out a shared custody agreement. Children, especially younger ones, tend to benefit from having both parents present in their lives. However, if one parent is deemed unfit, sole legal custody can be seen as the better option.
Primary Child Custody
Yep, this is another way of referring to child custody. Tennessee is an example of a state using the phrase primary custody in place of sole physical custody. The parent who has the child the majority of the time is the primary care provider. However, this doesn’t necessarily mean that the parent is also solely responsible for making all decisions about the child’s welfare.
You can have an agreement where the child spends the majority of their time at one residence but both parents have an equal say in their upbringing.
Partial and Split Custody
The other two types of child custody arrangements are partial and split. The parent who spends less time with their child has partial custody.
If divorcing parents have multiple children, split custody may be an option. This arrangement allows for both parents to potentially have custody of one or more of their children. For example, one child may live primarily with you and the other with your former spouse.
What Works Best for Your Family
Child custody can be a touchy subject. Parents typically don’t like being left out of their children’s lives. Before settling on a type of child custody, look at what works best for your family. Don’t forget, you can always revisit a custody arrangement if something pops up.
