Child custody pertains to the legal and practical relationship between a child and a parent or guardian.
Each state has its own laws regarding child custody, but the primary standard for all child custody decisions is the child’s best interests. This means that the child’s needs are prioritized over the parents’ preferences, and custody decisions are only made if they benefit the child.
Two primary types of child custody arrangements exist: full custody and joint custody. This article will provide an in-depth analysis of both types, their differences, and the factors influencing their determination.
What Is Full Custody?
Full custody is a type of child custody arrangement where one parent takes on all responsibilities related to raising and caring for the child. Full custody may be granted to the primary custodial parent under various circumstances outlined below.
One Parent’s Illness, Disability, or Incapacitation
A mother who has been the primary caregiver for her child suffers a severe stroke, resulting in long-term physical and cognitive impairments. In this case, the court may grant full custody to the father, as the mother is no longer able to fulfill her parental duties due to her health condition.
Court Determination That the Other Parent Is Unfit to Raise the Child
The father has a history of severe substance abuse and has failed to complete multiple rehabilitation programs. The court determines that the father’s ongoing addiction issues make him unfit to care for the child, leading the judge to award full custody to the mother.
The Other Parent’s Incarceration or Negative Criminal Record
A mother is convicted of a serious crime, such as armed robbery, and is sentenced to a lengthy prison term. Due to her incarceration and criminal history, the court may decide to grant full custody to the father, as the mother is not able to provide a stable and secure environment for the child.
History of Abuse or Neglect by the Other Parent
A father has a documented history of physically abusing both the child and the mother. The court may decide that it is in the child’s best interests to grant full custody to the mother, as the father’s abusive behavior poses a significant risk to the child’s safety and well-being.
In full custody cases, the custodial parent is granted both legal and physical custody. Legal custody provides the parent with the authority and responsibility to make decisions about the child’s upbringing, including education, religious teachings, discipline, and medical care.
On the other hand, physical custody pertains to where the child will reside and spend most of their time.
It is essential to differentiate between full custody and sole custody, as the latter implies the complete absence of visitation or custody rights for the non-custodial parent. Full custody does not necessarily exclude the non-custodial parent from visitation rights. In some cases, the non-custodial parent may have limited visitation with the child.
What Is Joint Custody?
Joint custody involves both parents sharing physical custody of the child, with one parent possibly retaining legal custody. Under this arrangement, parents work together to fulfill their parental duties and divide their time with the child. Joint legal custody requires both parents to agree on major decisions related to the child, such as medical care and education.
Joint physical custody focuses on the time each parent spends with the child. Courts typically favor joint custody, as it is in the child’s best interests to have both parents involved in their life.
However, certain limitations on joint custody may exist.
Parents Living Far Apart, Making Equal Physical Custody Difficult
After a divorce, one parent relocates to another state for a job opportunity, resulting in a significant distance between the parents’ residences. In this case, the court may find it challenging to establish a joint custody arrangement that allows the child to spend equal time with both parents without disrupting their routine.
A Joint Arrangement Disrupting the Child’s Life
A joint custody arrangement requires the child to switch between the parents’ homes every week, causing emotional stress and making it difficult for the child to maintain friendships and extracurricular activities. The court may reconsider the joint custody arrangement to minimize the impact on the child’s well-being.
Conflicts With the Child’s School Schedule
Both parents live in different school districts, and a joint custody arrangement would require the child to change schools frequently. The court may decide that such an arrangement is not in the child’s best interest and may opt for a different custody plan that allows the child to maintain a consistent school environment.
The Child’s Preference for One Parent
A 15-year-old child expresses a strong preference to live with their mother because they have a closer emotional bond and feel more comfortable in her care. The court may take the child’s preference into account and adjust the joint custody arrangement accordingly.
The Child’s Age and Maturity
A couple with an infant child divorces, and both parents request joint custody. However, due to the child’s young age and the need for consistency in care, the court may decide that a joint custody arrangement is unsuitable and may instead award primary custody to one parent with visitation rights for the other parent.
Inability to Achieve Reasonable Time with Each Parent
Both parents have demanding work schedules that make coordinating and spending quality time with the child difficult. In this case, the court may determine that a joint custody arrangement is not feasible and may award primary custody to one parent while granting visitation rights to the other parent based on their availability.
Joint custody is typically awarded when both parents can assume some child-rearing responsibility and cooperate with each other while maintaining court-directed communication. Joint custody is not automatically granted and must be requested. The court may modify the agreement if circumstances change, such as one parent moving or remarrying.
Do I Need an Attorney to Assist With Custody?
Child custody decisions should always prioritize the child’s best interests. Family court judges usually determine custody arrangements, so seek legal assistance from a skilled and knowledgeable child custody lawyer. An experienced attorney can inform you of your rights, explain your state’s laws, and represent you in court as needed, ensuring the best possible outcome for you and your child.
LegalMatch is an online legal matching service that can connect you with experienced family law attorneys in your area who handle child custody matters. By filling out a brief online form describing your case, LegalMatch can match you with attorneys with experience handling cases similar to yours.
You can review each attorney’s profile and read reviews from previous clients to determine if they are a good fit for your needs. Once you select an attorney, you can schedule a consultation to discuss your case further and determine the best course of action.
Using LegalMatch can save you time and effort in finding the right attorney for your custody case, and it can help ensure that you have a skilled and knowledgeable attorney on your side to protect your child’s best interests.
