What are the Different Types of Child Custody You Get in a Divorce?

Common Civil Law Practice Areas

When you and your spouse are divorcing, it can either be amicable or you may be arguing the entire time. Adding in child custody to your divorce proceedings does not make this situation any better, however, and you may not be sure what kinds of child custody there are. When you are going through a divorce and need legal help to get child custody, reach out to a dependable and trustworthy attorney. They work hard to ensure that families get the right kind of support they need so that their children are put in the best situation possible. If you are battling a child custody dispute during your divorce, do not try to fight this alone. An attorney can help with your case.

What are the different types of custody?

When you are looking at child custody, it can seem overwhelming. However, there are a few types of custody that you should consider.

·      Legal Custody

·      Physical Custody

·      Sole Custody

·      Joint Custody

Legal Custody. When you pursue legal custody, you are saying that you want to have the right to help make decisions regarding your child’s upbringing. This means that you can help determine what kind of schooling the child gets, whether they are raised in a certain religion, and even what type of medical care they should have. It is extremely common for a state to award joint legal custody of children so that both parents can have an equal say in these types of decisions. It is important to note that if you go against any of the decisions you and your ex-spouse make with joint legal custody or if you intentionally exclude them from the decision-making process, they can take you to court.

Physical Custody. When you pursue physical custody, it means that you would like your children to live with you. It is not uncommon for a state to award both parents joint physical custody so that the children do not have to be away from one of the parents at all times. This can be a great solution if both parents live nearby so that children do not have the stress of being with one parent more than the other. If the court appoints one person sole physical custody, the children will live primarily with that parent but the other parent will likely have some type of visitation rights.

Sole Custody. If the court awards you sole custody during your divorce, this means that a court might deem the other parent as unfit and is giving the reliable parent sole physical or legal custody. A court may find that it is important for one parent to have sole physical custody of the children for safety reasons, but they may not grant them sole legal custody so that both parents can still make important life decisions.

Joint Custody. A court can award parents joint custody in a variety of ways, including joint legal custody, joint physical custody, or a mix of both.

Source: Child Custody Lawyer Frisco, TX, Scroggins Law Group

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