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