Types of Custody Arrangements
Figuring out a suitable
child custody arrangement is one of the most important issues to address during a
divorce. Sometimes the parties in a divorce are able to put aside their differences and come up with a custody arrangement on their own. Other times divorces are so contested that the courts need to intervene. When the courts are left to decide a custody arrangement they will base their decision on 1. What is in the child’s best interest, and 2. What type of arrangement will ensure the child gets to see both of his or her parents. Unless a parent is deemed unfit to provide custody, judges like to split custody between the parents. Study after study has shown that children who have solid relationships with both parents tend to be more well-rounded and better off overall.
First, there are two types of custody: physical custody and legal custody.
Physical custody refers to which parent the child lives with.
Legal custody refers to having the authority to make legal decisions on the child's behalf. Physical and legal custody can be awarded to both parents, which is referred to as
joint physical custody or
joint legal custody. When both physical and legal custody is shared, sometimes it is just referred to as
joint custody. When only one parent is awarded physical or legal custody, it is referred to as
sole physical custody or
sole legal custody. Again, if only one parent is awarded both physical and legal custody it is referred to as
sole custody.
A term often heard in connection with custody is
visitation. When physical custody is awarded to just one parent, the other parent is often awarded visitation rights. Like a custody arrangement, visitation can be left to the parties to decide, or if the parents cannot not reach a mutual decision the courts can intervene.
If you are going through a divorce and want to ensure your voice is heard during the child custody stage of your case, an experienced
Los Angeles divorce attorney at the Law Office of Teresa Beyers can help. To schedule an appointment to discuss your case, please
contact the office today by calling
(213) 236-4400.