DIVORCE ARTICLES
Five Types of Custody
There are five different types of custody that can involve a person that is divorcing or separating. It can differ from state to state and family to family, but there are five main types of custody which include: legal custody, sole custody, physical custody, joint custody and bird’s nest custody.
If you have legal custody over your child you have the right and responsibility of the upbringing of your child. You will decide all major decisions such as school, religious and healthcare issues. In most states, they suggest having joint legal custody of the children so both parents will help in the decision making of important matters. A major problem with legal custody is that there may issues that arise because of one parent clashing with the other. And this can cause many problems for the child.
If you have sole custody of your child, you will have custodial rights, while the other parent may only have visitation and very little legal rights to the child. This may happen if the child was harmed or put in harms way in the other parents home. Studies have shown that sole custody is less likely to disrupt the child. Although good for the child, in some cases, it is not good for the parents due to limited interaction for that parent.
Physical custody is that you have the right to have your child live with you physically. Joint physical custody is allowed in some states. With joint physical custody your child will live with you and your spouse equally. This is a good option because it allows each of you to spend equal time with the child. You and your ex-spouse will have to make sure to be cordial to one another and have a workable relationship.
When both parents agree to share decision making rights this is called joint custody. Most parents will make sure to accommodate their schedule so each parent can join in the raising of their child and sometimes a court order will force parents to do this. There are several different kinds of joint custody. You will have custody, joint custody or both. The reason why joint custody is so beneficial to the child is that both parents will have continuous contact with the child. This helps the child grow in a more rounded atmosphere. It also helps the parents as the child is less likely to buck up against one parent. The only thing that is hard on a child is the moving back and forth to each house. This can be costly and inconvenient for the child.
In a bird’s nest custody, the child will live in the home where the family lived and the parents will take turns moving in an out from the family home. You may think that this is perfect, but it can cause many problems for the parents and particularly when it comes to decision making. This arrangement usually only works of the parents have other places to live other than the family home on their off days.
