The Different Types of Child Custody Plans

When parents split up, or divorce, one of the toughest parts to figure out is how to arrange for child custody in a way that suits everyone. There are various forms of child custody plans that exist that safeguard the welfare of the child and balance both parents’ rights. 

Familiarizing yourself with these plans can help parents make the best decisions possible and sidestep unnecessary conflict. Here in this blog, we will discuss some of the most common custody arrangements.

Understanding Child Custody

Child custody plans vary by state. For example, in California, courts favor the best interest of the child when deciding on custody arrangements. These are decided based on many factors, including the age of the child, emotional needs, the capacity of the parents to care for the child, and the relationship between the child and each parent. 

There are two main forms of custody: physical and legal custody. Both physical and legal custody may be joint or sole custody, depending on the parent’s situation and the court’s assessment of the child’s best interests.

Sole Custody

Sole custody is a situation where a single parent enjoys both physical and legal custody of the child. Here, the child will stay mostly with one parent, and that parent will make all the important decisions concerning the upbringing of the child. Sole custody is normally given in cases where one parent has been found unfit, either because of problems such as alcohol abuse, neglect, or a violent record. 

Sole custody can also be given if the other parent is not around because of imprisonment, residence far away, or other serious problems that render joint custody impossible. If sole custody is granted to one parent, the non-custodial parent can be awarded visitation rights, but these are typically conditional.

Joint Custody

Another is joint custody. Both parents have great involvement in the life of the child under this form of arrangement. Joint custody is the ideal situation since it allows the child to continue to have a close relationship with both parents, to be emotionally stable, and for both parents to have an equal voice regarding major decisions in life.

Yet the court will award joint custody only if it would be in the best interest of the child. This implies that the parents will have to communicate and cooperate effectively with one another. If they cannot, then the court may grant sole custody to one of the parents.

Physical vs. Legal Custody

Another important element of child custody plans is the distinction between physical and legal custody. These are commonly misunderstood, yet they are two different rights and responsibilities.

Physical Custody: It deals with where the child will reside and how much time they will get to spend with each parent. With joint physical custody, the child might divide time evenly between both parents or spend more time with one parent, depending on what the best interest of the child determines.

Legal Custody: It is the authority to make decisions on the child’s education, healthcare, and other important issues. Under joint legal custody arrangements, both parents have a say in these decisions, while under sole legal custody, one parent is granted full power in these areas.

The Role of Mediation in Custody Arrangements

Courts mandate that parents undergo mediation before a final determination regarding custody is made. Mediation assists parents in negotiating an agreement regarding custody arrangements without the need to go to trial. A neutral third party, usually a family law mediator, conducts negotiations and assists parents with identifying areas of commonality.

In case mediation does not work and the parents fail to come to an agreement, the court will decide in the best interest of the child. It is vital for parents to understand that the court tends to favor joint custody situations unless there are compelling reasons to avoid them.

Factors Considered in Custody Decisions

When determining custody arrangements, the court takes many factors into consideration, including

• The child’s age and health.
• The relationship the child has with each parent.
• The parent’s ability to cooperate and communicate.
• The child’s preference is if they are old enough and mature enough to express one.
• Any history of abuse or neglect.