Types of Child Custody
There are a number of types of child custody. Child custody is not as simple as you think. And often child custody disputes don’t just simply result in the mother obtaining sole custody of the children. In the many types of situations where the parents have become divorced, unmarried, or live a far away from each other, the issue of child custody becomes complicated. That situation is the very reason why many parents who are considering divorce choose to hire a Charlotte child custody attorney who can help them through any legal issues and to be an advocate for a fight to retain custody of their child.
State Custody Laws
Most state laws define custody as one or both parents bearing responsibility for the welfare of the child. Physical custody is what people commonly think of when they talk about custody. This refers to where a child lives on a daily basis, which can be given to one parent or both. Legal custody is a related matter and refers to the right to make significant decisions about a child, such as education and health care.
Contrary to popular belief, North Carolina family courts do not favor one parent over another due to the basis of gender, and the states family courts do not push one form of custody over another. There are several types of custody and visitation solutions that are commonly used by the court, and those solutions are as follows:
Joint Physical Custody of the Children
In cases where custody is essentially split between both parents. The child may live with each parent for a set period of time, which allows the child to spend equal time with both parents. Joint legal custody is not to be confused with situations where one parent has custody, but allows the child time to visit with the other. Joint physical child custody is best meant for parents who are able to work past their differences that caused the separation or divorce and can make rational decisions together for what’s in the best interest of their children.
Joint Legal Custody of the Children
As previously mentioned, in the State of North Carolina neither parent is given preference by the court when it comes to making the best decisions for what is in the best interest of their children. However, in certain situations, the court may give one parent the power to make certain decisions for the child, depending on several factors. Joint legal custody should not be confused with joint physical custody, where the child is given equal time with each parent. Joint legal custody comes from the wish of the parents to make shared decisions regarding the welfare of their children. When it comes to the term, “joint custody”, the term is used for joint physical custody and joint legal custody.
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Sole Custody of the Children
There are certain instances in parental custody decisions where the family court judge may make one of the parents responsible for the entirety of the child’s major life decisions, which may include the child’s:
- Education
- Healthcare
- Religious activities and affiliations
- General and daily care and welfare
Sole parental custody doesn’t mean that both parents are prevented from making the decisions for the children’s interests together; however, the sole custody of the child is generally granted by the judge in situations where it would cause serious conflict. In general, the sole custody of the children is awarded in situations where some sort of domestic violence has occurred. Under law, the child’s custodial parent has the ability to make decisions on their own, even if the decision made by the parent with sole custody goes against the wishes of the non-custodial parent.
There’s No Cookie Cutter Solution in the World of Child Custody
There’s no one way to address the issue of the custody of the children when dealing with messy divorce or extended legal separation. Parents need to be responsible when approaching the issue of child custody and they should place a high priority on the best option that would allow the child to live a healthy, happy and fulfilled life. Often, the custody solution may mean having one parent retain sole custody or possibly having joint legal custody of their children. Whatever you ultimately decide, remember that the person that is impacted the most, is the child. If you are looking from a Charlotte child custody lawyer, give us a call at 704-243-9693, we are here to help.