A look at the different types of child custody

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Divorcing couples usually have a lot to go through. There are assets like property and bank accounts to divide up. Spousal support may also come up, and child custody is something else you may be dealing with. This means you’re probably getting hit with a lot of legal terms like sole legal and joint physical custody. 

These are only two examples of child custody terms, and there are several more that may pop up. In this article we’re examining different types of child custody so you can be a little better prepared when it’s time to decide on a parenting plan.

The various types of child custody

Child custody is typically divided into a couple of categories: physical and legal. From there, the type of custody arrangement can be further classified. You can make child custody discussions a bit easier when you have a basic understanding of the different types.

Differences between legal and physical custody

Even though the terms can vary by state, legal and physical custody are the two most commonly used. These terms aren’t interchangeable; each one has a different legal definition. Each of these types of child custody arrangements can also be further broken down into two parts.

So, what is sole legal custody? The parent with sole legal custody is responsible for making all decisions about the child’s education, health, and even religion. In other words, if you’re not the parent with sole legal custody, you’re not going to get much of a say in how your child is being raised. However, it’s different with joint legal custody. Both parents have an equal say in pretty much every decision involving their child.

Now, moving on to physical custody. If you have sole physical custody, your child is spending the majority or all of their time with you. The other parent may have visitation rights or none at all. With joint physical custody both parents have equal time with their child. When it comes to making decisions regarding the child’s life, you need to refer back to the terms of your legal custody agreement.

Full child custody

Remember when we mentioned states can use different legal terms? This is one of them. Full child custody is pretty much the same as sole legal custody. The reason states often discard the term ‘full child custody’ comes down to how the phrase sounds. ‘Sole legal custody’ simply sounds better, at least in the legal sense.

The parent awarded full custody is the one responsible for making all of the decisions.

Shared child custody

Shared child custody is essentially the same as joint legal custody. Once again, some states simply feel using the phrase ‘joint legal custody’ sounds better than ‘shared child custody’. Both parents have an equal say in their child’s life. Time spent with the child is also typically divided pretty evenly between the two parents.

Typically, the family court prefers to see parents work out a shared custody agreement. Children, especially younger ones, tend to benefit from having both parents present in their lives. However, if one parent is deemed unfit, sole legal custody can be seen as the better option.

Primary child custody

Yep, this is another way of referring to child custody. Tennessee is an example of a state using the phrase ‘primary custody’ in place of ‘sole physical custody’. The parent who has the child the majority of the time is the primary care provider. However, this doesn’t necessarily mean that the parent is also solely responsible for making all decisions about the child’s welfare.

You can have an agreement where the child spends the majority of their time at one residence but both parents have an equal say in their upbringing.

Partial and split custody

The other two types of child custody arrangements are partial and split. The parent who spends less time with their child has partial custody. If divorcing parents have multiple children, split custody may be an option. This arrangement allows for both parents to potentially have custody of one or more of their children. For example, one child may live primarily with you and the other with your former spouse.

Choose what works best for your family

Child custody can be a touchy subject. Before settling on a type of child custody, look at what works best for your family. Don’t forget, you can always revisit a custody arrangement if your situation changes.