Types of Child Custody

Posted by admin on April 27th, 2006

There are a lot of types of child custody. Each one is determined by the judge by what they find in the parents, the parents capabilities as a parent. There are five types to be exact these types are legal custody, physical custody, sole custody, joint custody and birds nest custody.

Legal custody means that the parent can choose what school their child attends, where they live, their religion and the child’s medical care. In many states, the courts will grant joint legal custody which means both parents have a say in their child’s life. Both of them will be able to make important decisions for their child’s well being. If you share custody with your ex but exclude them from any decision making, they can take you back to court and you may face jail time and or pay big fines.

Physical custody means that a parent has the right for the child to live with them in their house. The courts can grant joint physical custody if they find that both parents will spend a good amount of time with their children. The court asks that the homes are close to each other and that it does not cause too much stress on the children. This will allow for the children to have a somewhat normal routine.

Sole custody means that only one parent can have the children. The other parent cannot have the children at anytime unless supervised by a legal person. A lot of states are moving away from this because of fear that the child does not see enough of both parents.
The parent makes all of the decisions alone when the have sole custody of the children.
Sole custody comes about when the other parent has been deemed unworthy to see their children because of harm they may cause to their children or because of any type of addiction. They either are unfit because of the choices they make, or they are an abusive person and have had a known past of hurting people. Courts will not hesitate to give one parent sole custody of the children because the other parent is unfit.

Joint custody means that the parents don’t live with each other but are both good parents. They each can make the decisions for the greater good of the children. Parents can choose to see their children when they want. They can have them for 1 day or up to 6 months if they choose.

The bird’s nest custody is when the parents share the same house but move out when it’s the other parents turn to see the children. For example, dad’s turn is next so he will move back into the house and mom will go to another home she has. Both parents have two homes. This is to keep children together and in the same environment.

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