Various Child Custody Options: Guide for Divorcing Parents

What are the different child custody options that are available to divorcing or separating parents? The types of custody that parents can choose from depend on the state where they live and the specific situation of their child. Generally, there are five types of custody: physical custody, legal custody, sole custody, joint custody, and bird's nest custody.

Physical Custody

If you have physical custody over your child, you have the right to have your child physically live with you. In some states, joint physical custody of a child is allowed. In that case, you and your ex-spouse have equal amounts of time for custody of your child. Physical custody is a good option since it allows you and your ex-spouse to spend a maximum amount of time with your child. However, this type of custody will work only if you and your ex-spouse live near each other. To prevent conflict from affecting your child, you and the other parent should have a cordial and workable relationship.

Legal Custody

This custody option gives you the right and responsibility to decide about the upbringing of your child. Legal custody means you can decide for your child in terms of healthcare, schooling, and religious upbringing. Most states allow parents to have joint legal custody of their children, so both parents can make decisions involving the child. The only problem with legal custody is that conflicts and misunderstandings may arise when the upbringing principles of parents clash. This conflict can be detrimental to their child.

Sole Custody

As the term suggests, sole custody gives custodial rights to only one parent while the other parent’s rights is limited only to visiting the child. This arrangement is used when the child may be harmed in one parent’s home. Among all types of child custody, sole custody is the least disruptive to the child. Because of the very limited interaction of one of the parents to the child, this type of custody may lead to conflict between parents.

Joint Custody

This arrangement is used when parents agree to share decision-making rights over their child’s upbringing. Usually, parents agree to coordinate their schedules so that joint custody will work. Sometimes, a court orders the parents to do it. Joint custody of a child may be joint physical custody, joint legal custody, or both.

Children of divorcing parents benefit from joint custody because they are guaranteed of continuous involvement and contact of both parents. This type of custody also lessens the burden of child rearing to each parent. However, it can be a disadvantage because children have to be moved often from one parent’s house to another parent’s house, and this setup can be costly.

Bird's Nest Custody

In this type of child custody, the child still lives in the family home while the parents take turns moving in and out. Although this arrangement is not disruptive for the child, it can cause problems for parents, particularly in decision-making. This will work only if parents have other places to live during off days.