Forms of Child Custody
Learning the difference between the various types of custody available today.
Physical Custody
The first form of custody that we will examine is what is known as physical custody. Physical custody refers to the right a parent has to have a child live with that parent. Selected states do offer physical custody to both parents, known as joint physical custody. This type of arrangement is ideal when the child or children spend ample time with both parents. It could be argued that joint custody is best when parents live near one another and this also helps the children maintain their routines.The form of custody will also be a factor in determining child support in Hudson, Essex, Union, Bergen, Somerset and other New Jersey Counties.
If joint physical custody is not possible, the parent to which the child or children lives has custody with the other parent having visitation rights. Visitation rights can be determined by the court or by agreement between the parents.
Legal Custody
When a parent has legal custody, that parent has the right to make many decisions about the child's life that will be upheld in court. Schooling and religion are just two examples that a parent with legal custody can make. States throughout the country allow both parents to have legal custody so that both can make the best decisions for the child or children.
When the relationship of the parents has become so negative or abusive to the point where mere communication is not feasible, a court could rule in favor of sole legal custody.
Sole Custody
A parent may have either sole legal custody or sole physical custody. A court will award, in most cases, sole physical custody if one of the parents is unfit.
Many states are encouraging the parent that does not have physical custody, usually the father, by offering joint legal custody in more cases than in the past. This enables both parents to play very active roles in the child or children lives. The impact and studies that have been conducted are endless as to the benefits of having both parents actively participate in one's life rather than one parent.
Joint Custody
Joint or shared custody is a situation where parents do not live together but yet share in the decision making process for their children. Some types of Joint custody are:
- joint legal custody
- joint physical custody
- joint legal and physical custody.
Joint Custody Arrangements
A Joint Custody Arrangement can be one made by the court or worked out by the parents. The schedule is determined by the work schedules of parents, housing and the child's needs and schedule.
Many people elect to have the children split weeks between homes, alternate months, weekends, and holidays. Some parents choose to spend time with the child during the week, while the other parent on the weekends.
One unique way to keep the child shielded from the moving of back and forth is to maintain the family home or apartment and have the parent move in for the period of time for the visitation while the parent who lives there stays elsewhere for that time. This is also referred to as bird's nest custody.
If you have questions or concerns about child custody, child support or other family law issue, please contact a Jersey City Family Law Attorney at the firm today.