If you're newly single, you may not have given much thought to different types of custody until now. But when you're planning a divorce or putting the pieces back together after a breakup, the options available to you become extremely important. It's tempting to go for sole physical custody just because you deserve it or, to put it more plainly because you don't deserve whatever your ex did to your family.
However, as you explore the types of custody and visitation available to you, remember that the most important consideration is what's best for your kids.
Understand the Different Types of Custody
To fully understand the types of child custody and visitation available to you, you'll need to become familiar with the terminology used by legal experts. In particular, you need to understand the distinction between legal custody and physical custody.
Legal custody refers to the legal authority to make major decisions on behalf of your child. Examples of major decisions include where your child will go to school, what type of religious upbringing he or she will have (if any), and non-emergency medical decisions. Legal custody options include:
- Sole Legal Custody: The parent who has sole legal custody is the only person who has the legal authority to make major decisions on behalf of the child. These include decisions regarding education, religion, and healthcare.
- Joint Legal Custody: Joint legal custody means that both parents have the legal authority to make major decisions for the child. It should be noted that parents can potentially share "joint legal custody" without having "joint physical custody."
Physical custody refers where the children live the majority of the time.
This is sometimes referred to as "residential custody." Types of physical custody include:
- Sole Physical Custody: With this type of child custody, the child physically resides at one location. In most cases, the non-custodial parent is awarded generous visitation rights, including sleepovers.
- Joint Physical Custody: This form of child custody is also called "shared custody," "shared parenting," or "dual residence." In this situation, the children live with one parent for part of the week (or part of the year), and live with the other parent during the remaining time. The division of time spent at each location is approximately equal.
- Bird's Nest Custody: This is when the children live in one central location, and the parents rotate in and out of the children's home on a regular schedule. For example, mom may reside at the children's home Monday evening through Thursday, and Dad may reside there from Thursday evening through Monday morning. While this child-centered approach can ease transitions for the children, it can be costly to maintain three separate residences.
Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis.
Types of visitation include:
- Unsupervised Visitation: This is the most common type of visitation. Parents with unsupervised visitation are generally permitted to take their children to their own homes or may enjoy an outing child their children during their scheduled visitation. Occasionally, limitations are specified in advance. For example, if a mother chooses to breastfeed, the non-custodial parent may be asked to visit the child at the mother's home until the baby is able to take a bottle.
- Supervised visitation: In some cases, the courts will order supervised visitation, which means that another responsible adult must be present for the duration of the visit. Depending on the circumstances, the courts may allow the non-custodial parent to select an individual to serve as the supervisor. For example, he or she may choose a grandparent or family friend. In other cases, the parent and child must meet at a specified location so that an appointed social worker or court-ordered designee can supervise interactions.
- Virtual visitation: Virtual visitation typically takes place using video-conferencing technology. While not ideal as the only mode of visitation, virtual visits can provide a sense of continuity when parents and children live far apart or in-person visits are infrequent.