Divorce is extremely difficult and it becomes even more difficult when there are children involved. We all want what's best for our kids and that is why it is crucial to understand the different types of Child Custody and your rights and responsibilities in each case.
Legal Custody
Legal custody means having the right, responsibility and obligation to make important decisions such as schooling, medical care, religion etc about your childs future. In most cases joint legal custody is awarded to both parents meaning that they will share decision-making responsibilities. If joint legal custody is awarded, one parent may not be excluded from decision-making. If they are they may take their ex to court to enforce the custody order. If circumstances do not make it possible to share joint legal custody courts may award sole legal custody although this is rare.
Physical Custody
Physical custody is when a parent has the right to have a child live with him or her. Generally the parent with whom the child lives will have sole physical custody while the other parent will have visitation rights. In these situations, both parents usually enjoy joint legal custody.
Sole Custody
Sole custody is when one parent is awarded full legal and physical custody of a child. True sole custody arrangements are rare these days and are generally reserved for situations where one partner is seen as unfit or dangerous to the children due to drug and alcohol dependency, charges of child abuse or neglect etc.
Joint Custody
Joint custody is becoming more and more popular these days with courts preferring both parents to be equally involved in their childrens upbringing.
Joint custody can come in three forms:
1. Joint legal custody - where both parents share decision-making responsibilities for their children.
2. Joint physical custody - where children spend significant portions of time with both parents.
3. Joint legal and physical custody - where parents equally share in decision making and time with their kids.
In joint legal and physical custody situations parents will decide how to split their childrens time between the two households. It is common for children to alternate or split weeks between each parent. Other arrangements could include alternating months, years or six-month periods or spending weekends and holidays with one parent while spending weekdays with the other. There is a lot of debate as to whether this type of joint custody is a good idea as it puts parents in a situation where they need to be able to communicate and get along really well in order to make decisions responsibly. In most cases this is difficult as parents who couldn't get along as a married are expected to make decisions together as if they were still married. Only in exceptional situations are ex partners able to put their personal differences aside and work together harmoniously.
Advantages include:
1. Children are assured of continued contact and involvement of both parents.
2. One parent is not left with the full responsibility of the physical and legal care of the children.
Disadvantages include:
1. Childrens routines are broken as they are shuffled between the parents.
2. Negative feelings and non-cooperation between parents can cause unnecessary stress to the children.
3. Maintaining two homes can become expensive.
Rather than true joint custody it is more common for one parent to be awarded sole physical custody, with the other parent being a joint legal custodian who enjoys generous visitation rights.
Bird's Nest Custody
Bird's nest custody is a type of joint custody arrangement where the children stay in their family home and the parents take turns moving in and out. This arrangement is good in theory but in most cases becomes inconvenient for the parents and within a short period of time it is discarded.
Don't lose your kids to divorce. Know your rights! Visit http://www.divorceandchildcustody.info for expert child custody advice and help.
Article Source: http://EzineArticles.com/?expert=Jessie_Kay http://EzineArticles.com/?Divorce---Types-of-Child-Custody&id=2131675
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