Going through a divorce can be a harrowing and difficult experience. It can be that much more difficult if you happen to have children and have to make provisions for custody. If you are considering a divorce, and have children, it's best not to go into the situation "blind," but rather, know the different types of custody. Throughout the course of this brief article, you will learn of a few of the different types of custody.
Sole Custody
Sole custody occurs whenever one parent is awarded solitary rights to care for a child. Sole custody is not a widespread phenomenon in the United States, although there was a time when it was a common form of custody. There are some mitigating factors that may cause a court to award sole custody to one parent, especially if one parent has a history of violent crime or abuse. Even in cases where a parent is awarded sole custody, many of the times the outlying parent will be allowed visitation rights. These rights can be as frequent as every weekend.
Physical Custody
Physical custody differs a bit from sole custody. Physical custody refers to one parent receiving the primary responsibilities of caring for a child – which makes them the custodian of the child—but the outlying parent still has a legal responsibility for the child, and will take on some of the burden of custody. The amount of time that this outlying parent can spend with the child depends on each parent's legal team working with each other and the court in order to decide what is best for the child, as well as what works best for the respective parent's schedule.
Joint Custody
Joint custody means that both parents will share equal responsibility and burden when it comes to the child's live-in situation. This also means that both parents will have to work in tandem with one another and cannot make important decisions about the child's life while excluding the other. If one parent has noticed a substantive amount of exclusion about the child's upbringing, including his or her education, dietary habits, or general behavior, then this parent may hold the other parent liable for parental exclusion in a court.
Hopefully, this brief guide has given you some idea of the types of custody that you may receive if you are going through a divorce and have children. For more information about custody, it is recommended that you consult with a local and trusted divorce lawyer (like those at Nichols, Speidel, & Nichols).
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