Different Types of Child Custody

Deciding child custody is one of the issues you will have to face while filing for divorce, if there are children involved in your marriage. A divorcing couple’s final decree will address custody of any minor children, regardless whether this custody is achieved through litigation, mediation or agreement. There are four main types of custody. These are:

• Legal custody
• Physical custody
• Sole custody
• Joint custody

Legal Custody

Legal custody of a child means that the awarded parent or individual has the right and the obligation to make decisions about the child’s upbringing. It means that you are legally obligated to be included in all decisions relating to the children’s education, health care, religion, discipline and other life affecting concerns, while consulting the non-custodial parent.

In many cases, family law courts grant joint legal custody to both parents, so that they are both able to keep their legal rights as to making decisions about upbringing their children. This type of custody is more concerned with legal responsibility for the child, as opposed to the amount of time spent in the company of the child.

Physical Custody

This type of custody means that a parent has the right to have a child live with him or her for a majority of the time. The other non-custodial parent on has visitation rights. In some cases, joint physical custody may be awarded to the parents, where the child spend the same amount of time at each other parent’s home. Physical custody has more to do in determining the child’s physical residence and where he or she spends his or her time, as opposed to which parent makes legal decision on behalf of the minor.

Sole Custody

This type of child custody can refer to sole physical custody, sole legal custody, or both. In recent times, it is uncommon for family law courts to award sole legal custody to a parent, unless there is proven unfitness of the other parent. The most common occurrence is that family courts will encourage and help facilitate a significant involvement of the non-custodial parent in the child’s upbringing.

If the family courts awards sole physical custody to a parent, the other non-custodial parent still has visitation rights to the child. A sole physical custody award does not prohibit the other parent from taking part in the child-rearing process and making decisions in legal matters which affect the child.

Joint Custody

This type of custody is granted equally to both parents, and can take the form of joint physical custody, joint legal custody or both. It is a common type of custody, and is usually preferred by parents who desire a close relationship with their minor child, and when there are no issues with parental fitness.

Child custody laws can be confusing. It is thus important to talk to your family lawyer about your options. Ideally, you and your former spouse can reach an agreement about the custody of your child, which the judge will then approve.  If you are however unable to do so, the judge will make the decision for you.

Don’t rely on any divorce lawyer for your family needs, our experienced family lawyers in Toronto are always available.