The Different Types Of Child Custody
Posted on January 24, 2008 - Filed Under Legal and Law
Child custody hearings can produce a number of different outcomes, so it is important to be familiar with the different types of possibilities before planning for your hearing. Each one comes with different guidelines and provisions for both parents, and each needs to be approached in a different manner. Here is an overview of the four primary types of child custody.
Legal Custody
This form of custody provides the most involvement in the raising of the child. Legal custody gives the appointed parent the right to make decisions on how the child will be raised. This includes determining the child’s education, medical care, standard of living, and even their residence. Legal custody is not always awarded solely to one parent. In cases of shared legal custody, both parents have legal rights for making decisions regarding the different options for raising their child.
Physical Custody
This type of custody involves where the child lives and with whom. Physical custody grants a parent the right to have the child live with them. While this determines the primary residence of the child, the other parent is typically awarded some from of visitation rights based on their relationship history with the family unit. There are cases where joint physical custody is awarded, and in this scenario the child splits time between two separate residences of each parent.
Temporary Custody
Temporary custody is normally only issued when there are additional circumstances surrounding a case. This can include cases where an investigator is used to insure that a particular parent or residence can provide a safe and healthy environment for the child. The length of temporary custody can vary from 30 days to more than year. Ultimately, a final hearing will determine which parent will obtain long-term physical custody. Visitation rights are often sporadic within temporary custody periods. Judges tend to structure visitation rights during this time based on the desires of the child as opposed to other extraneous factors.
Bird’s Nest Custody
A “Bird’s Nest” judgment is rarely issued, but it can come into play under the right circumstances. In this instance, the child maintains a consistent residence (normally a related family member’s home) and each parent rotates living at the home. For example, a judge may award bird’s nest custody to the home of a grandparent, while both the mother and father alternate turns residing in the home.
A judge determines the best custody arrangement on the basis of the child’s needs. Many factors influence this decision, including financial, health, and education considerations. By being familiar with the types of custody available, you can target your approach to secure a ruling that best fits you and your child.
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Tags: child, court, custody, divorce, lawyer, visitation
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