Custody

If you are getting divorced and have a child or children under 18 years of age, you need to think about custody issues. What follows is some basic information about what custody is and the types of custody that are possible; be aware that state law varies greatly on issues of child custody, so the information below serves only as general guidelines.

In any event, you should become familiar with these terms even before speaking with a divorce lawyer so you can be ready to discuss your custody options.

What Is Custody?

First of all, it is important to note that the umbrella term “custody” actually encompasses two very important aspects: physical custody and legal custody.

Physical custody simply means which parent the child lives with most of the time.

One parent may have “sole physical custody,” which means the child physically lives in one location; the other parent (called the “non-custodial parent”) often gets visitation rights, which can include days, weekends, overnight stays, vacations, and more depending upon the agreement.

Another type of physical custody is “joint custody,” which is also called shared custody, shared parenting, or dual residence. In these arrangements, the child spends about equal time living with each parent.

You may also hear the term “bird’s nest custody,” which is less common than the other two types, but is another option. In bird’s nest custody, the child lives in one location and the two parents rotate schedules living in the residence.

Legal custody, on the other hand, refers to the legal authority to make important decisions on behalf of the child including in the areas of education and schooling, religious upbringing, non-emergency health care, and other issues.

One parent may have “sole legal custody,” which gives him or her the legal authority to make the types of decisions described above without any input or interference from the other parent.

In the case of “joint legal custody,” parents share the legal authority to make such decisions; note that parents do not have to have joint physical custody in order to have joint legal custody.