Types of Child Custody-Or The Title Part 2 

If you are considering divorce or going through it now and have children, custody is probably the biggest concern you have.

Here’s a quick rundown of the different types of custody and what they mean.
 
Legal Custody- decides who has the right to make decisions pertaining to the child’s health and welfare, like education, religion, health care, etc. The current trend is to award joint legal custody so both parents have a say in major decisions that affect the child’s future unless one parent is proven unable or unfit to make sound decisions.

Physical Custody-physical custody is much different. This is the deciding factor in a custody agreement as to which parent the child lives with. The other parent is usually given standard visitation, which in my state is one evening a week and every other weekend, alternating major holidays, the child’s birthday, and each parent getting the kids on Father’s Day for dads and Mother’s Day for moms.

Indiana also allows the non-custodial parent four weeks during the summer where the children stay with that parent and the custodial parent has every other weekend and one evening a week. We don’t do that because he lives in another town and would have to find care for my youngest while he works and I work from home. The parent who doesn’t have the children has right of daycare, meaning if they can care for the child instead of putting them in a daycare while the physical custody parent works, they may do so.

And who wants to pay high daycare prices if you don’t have to? The ex usually plans a special mini-vacation for them and includes his sister, mom, and their favorite cousins. They love it! Joint Custody-both parents have say so in decision making and must share day to day care of the children. This custody is also rare because of the disruption of the children’s routines and it raises the likelihood of disagreements between the parents. The children I’ve had in my care are usually split one week with Mom and one week with Dad.

You must live within the same school district. I’ve seen the disagreements escalate to the point the parent’s even had separate daycares for their custody week. Joint Legal Custody and Physical Custody- This is what I have. Both parents have the right to participate in decision making, but the children live full time with one parent and have visitation with the other. Sole Custody-this type of custody is becoming more and more rare. One parent has complete decision making rights and physical custody of the child.
 
The other parent needs to be proved unfit to make decisions pertaining to the children. Usually the other parent still has visitation. There are cases where visitation is supervised or not allowed if there is enough evidence that the children should not be with that parent for their safety. This is just a quick rundown, and it might be different where you live. But it gives you an idea of what you need to consider for your children when considering a divorce. I’m no lawyer or mediator, just a mom who’s been there, done that, bought the t-shirt. Be sure to get legal counsel before agreeing to anything.