Exploring Different Types of Child Custody Arrangements

Child custody arrangements are an integral part of divorce or separation agreements and can be a complex and emotionally charged issue. Various types of custody arrangements can be made, each with its own set of terms and conditions. 

This article will explore the different types of child custody arrangements, including physical custody, legal custody, sole custody, and joint custody. By understanding the various types of custody arrangements, parents can make informed decisions about what is best for their children and their family.

Talk to a custody lawyer right away to learn about the best available custody options in your situation.

What is Legal Custody?

Legal custody refers to the authority granted to parents to make crucial decisions regarding their child’s upbringing. This may include a variety of decisions such as: 

• Where your child will go to school, whether they will receive additional educational resources, such as tutoring — and so on
• What religious practices your child may be involved in
• What extracurricular activities, including team sports or music lessons your child will participate in
• How your child’s healthcare will be handled: including vaccinations, mental health care, and so on. 

Sole legal custody

Sole legal custody refers to a type of child custody arrangement in which one parent is granted exclusive decision-making authority over the child’s upbringing, without the need for the other parent’s input. The parent with sole legal custody has the power to make all major decisions regarding the child’s education, religion, medical care, and other important aspects of the child’s life, without having to consult the other parent. In this arrangement, the other parent may still have visitation rights, but they will not have a say in major decisions involving the child’s welfare.

Sole legal custody is usually granted when one parent is deemed unfit or incapable of making important decisions in the child’s best interests.

Joint legal custody

Joint legal custody is a type of child custody arrangement in which both parents share decision-making authority over their child’s upbringing. Both parents have an equal say in major decisions regarding the child’s education, religion, medical care, and other important aspects of the child’s life. In a joint legal custody arrangement, the child lives with one parent, but both parents have an equal right to make decisions on behalf of the child. 

This type of custody arrangement is often considered the ideal solution for families, as it ensures both parents have a say in important decisions and can maintain a strong bond with their child. Joint legal custody is typically awarded when both parents are considered fit and capable of making decisions in the child’s best interests.

What is Physical Custody?

Physical custody refers to the right of a parent to have the child physically live with them. This means that the child will primarily reside with the parent who has physical custody. The parent with physical custody is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and supervision. In some cases, physical custody may be shared between the parents, with the child spending a significant amount of time with each parent.

Physical custody may be granted to one parent exclusively, in which case the other parent will typically be granted visitation rights. Physical custody is one of the key elements of a child custody arrangement and is often a contentious issue in divorce or separation cases.

Sole physical custody

Sole physical custody refers to a type of child custody arrangement in which one parent is granted exclusive physical custody of the child. This means that the child will primarily reside with the parent who has sole physical custody, and the other parent may be granted visitation rights. In this arrangement, the parent with sole physical custody is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and supervision. The other parent may have some involvement in the child’s life, but they do not have the right to make decisions regarding the child’s upbringing without the consent of the parent with sole physical custody. 

Sole physical custody is typically awarded when the other parent is deemed unfit or incapable of providing a safe and stable home for the child, or when it is in the best interests of the child to live with one parent exclusively.

Joint physical custody

Joint physical custody is a type of child custody arrangement in which both parents share the physical custody of their child. This means that the child spends a significant amount of time with each parent, typically at least 30% of the time or more. Joint physical custody allows both parents to have a significant role in the day-to-day care of the child, including providing food, shelter, clothing, and supervision. The parents may also share decision-making authority regarding the child’s upbringing, but this may not always be the case. 

Joint physical custody is often awarded when both parents are deemed fit and capable of providing a safe and stable home for the child, and it is in the best interests of the child to spend time with both parents. This type of custody arrangement can be challenging for parents, but it can also be highly beneficial for the child, as it allows them to maintain strong relationships with both parents.

What Type of Custody Do Courts Favor?

Courts typically favor custody arrangements that are in the best interests of the child. This means that the type of custody arrangement that the court may prefer will depend on the unique circumstances of each case. In general, courts tend to favor arrangements that allow children to maintain strong and meaningful relationships with both parents, as long as it is safe and appropriate to do so.

Joint custody arrangements, whether legal, physical, or both, are often preferred, as they allow both parents to share in the care and upbringing of the child. However, if one parent is deemed unfit or incapable of providing a safe and stable environment for the child, the court may award sole custody to the other parent. Ultimately, the court’s main priority is to ensure that the child’s best interests are served, and the type of custody arrangement that is deemed best will depend on the individual circumstances of each case.

Creating a Co-parenting Plan

When parents share joint custody, they generally create a co-parenting plan or schedule that caters to the children’s needs, as well as the parent’s work schedules and living arrangements. If the parents are unable to agree on a schedule, judges may require them to participate in custody mediation, which some states mandate in all custody disputes. If mediation fails, a judge may have to impose a schedule.

In addition to specifying when children will be with each parent, co-parenting plans may also include other details such as:

• Arrangements for exchanging the children between the parents (e.g., drop-offs and pick-ups)
• The method the parents will use to communicate and handle requests for temporary changes to the schedule
• Payment of transportation expenses if the parents live far from one another

Note that certain state laws or court rules may specify the requirements for co-parenting plans.

Work with a Lawyer to Work Out the Best Custody Arrangement

Hiring a lawyer is beneficial when it comes to deciding on a custody arrangement for several reasons. 

• Firstly, an experienced family law attorney can provide legal guidance and representation throughout the entire custody process, from negotiating a parenting plan to representing you in court if necessary. 

• Secondly, a lawyer can help you navigate the legal system, and ensure that your rights are protected and your interests are represented.

• Thirdly, a lawyer can also provide an objective perspective and help you make sound decisions based on the law and what is in the best interests of the child.

• In addition, they can assist with complex legal issues, such as drafting legal documents, enforcing court orders, and modifying custody arrangements if needed. 

• Finally, a lawyer can help you to effectively communicate with the other parent and their lawyer, potentially avoiding conflicts and helping to reach a mutually beneficial custody arrangement.

Overall, hiring a lawyer can help ensure that your child custody case is handled with the care and expertise it deserves while providing you with peace of mind and reducing stress during this challenging time.

Save Money on Legal Fees by Hiring an Unbundled Attorney

Child custody cases can often come with a high price tag, with lawyers charging steep retainers that can exceed $5,000, as well as hourly rates ranging from $300 to $500. At Unbundled Legal Services, we work with a network of lawyers and small law firms to develop arrangements that fit our client’s financial situations. Their fees are considerably lower, with some clients paying as little as $500 to $1,500.

With Unbundled, you have the flexibility to decide what aspects of your child custody case you want your lawyer to handle and what you can manage on your own. For example, you may not require help with filing the necessary forms and paperwork or the associated filing fees, which are usually around $150, depending on your state and local court rules, but may need assistance with negotiating a custody arrangement with your parenting partner. 

An unbundled attorney can provide support with one or all aspects of your case, depending on your needs as a client. We aim to help you achieve your legal objectives while also saving you a significant amount of money. 

Learn more about how an Unbundled Lawyer can help you accomplish your legal goals and reduce your expenses.