If you are a parent and going through a divorce, or if you have a child with someone you are not in a relationship with – it’s important to make sure you understand your rights and the different types of child custody.
Sole custody is when one parent has custody of the child. This might happen in situations where one of the parents is considered to be unfit due to drug or alcohol issues, or because of child abuse or neglect. Even if the court awards sole custody however, it is not uncommon for the court to also award joint legal custody. This means that even though the child resides with one parent, both are required to make decisions regarding the child.
Joint custody is also referred to as shared custody and occurs when parents are not together and not living together. Joint child custody usually requires parents to agree upon a schedule that determines when the child will spend time with each parent. This schedule also dictates where the holidays, school time, and vacation time is spent, often with it being split between both parents. Becoming increasingly popular is “bird’s nest custody” in which the parents actually take turns leaving the home and the children stay in one place full time.
Sole or Joint Physical Custody
This form of custody spells out whether one parent or both have the right to have the children live with them. Sole physical custody means the child lives with one parent full time, while joint physical custody would mean that the child lives and spends a certain amount of time with both parents. It is important to note that sole physical custody does not mean the child will not have visitation with the other parent. It simply designates where the child will live.
Sole or Joint Legal Custody
Legal custody designates who will make the decisions regarding the upbringing of the children. This may mean anything from deciding the religion to medical care. Joint legal custody is common in most states, as it allows for parents to share and make these decisions together.
Contact Experienced Family Law Attorneys of Beller & Bustamante, P.L., Today
It is important when dealing with the custody of a child that you are aware of the different forms of child custody that are available. Divorce and child custody can be difficult matters, especially if you are trying to navigate either area by yourself. Instead, make sure you have a qualified legal team on your side to help you throughout the process.
If you are unsure or need assistance with child custody, you should contact a family law attorney at Beller & Bustamante, P.L. We have the knowledge and experience you need to help determine what is best for you and your family. To schedule a consultation, call us today at 904-288-4414 or use our online contact form to set up an appointment.