Types of Child Custody Text Size:

Your child custody arrangement is very important as you face a divorce because it will set the framework for the relationship between you, your child, and your former spouse. It sets the stage for your child's access to his noncustodial parent and for establishing a post-divorce parenting relationship that minimizes conflicts. If parents can agree to a child custody arrangement, a judge may accept the arrangement on the presumption that it is based the child's best interests. Such an agreement can be preferable to the judge's custody determination which will likely be difficult to challenge on appeal.

There are four main types of child custody:

• Joint custody, which you may know as joint child custody, joint legal custody and joint physical custody
• Sole or full custody
• Split custody
• Nonparental or third party custody
• Joint Custody

Joint Custody

Joint custody has become a preferred custody arrangement over the last 20 years or so. It is presumed to be the preferred custody arrangement under some state statutes. It also reflects the reality that in many situations, there have been de facto joint custody arrangements through the efforts of both parents to provide the best situation for their child post-divorce, even though one parent had been awarded sole or full custody.

While definitions of joint custody will vary, the common elements are that the parents share the legal responsibilities and the physical care and custody of their child. Joint custody arrangements can take many, many forms, and there are a multitude of factors for you to take into account when considering a joint custody arrangement including the ability to cooperate shared by you and your spouse, physical limitations, expenses, and your child's preferences and needs.

Sole or Full Custody

Sole or full custody is the traditional form of custody many people are familiar with, where one parent is designated as the custodial parent, and possesses the legal responsibility and physical care and control of the child, with the noncustodial parent having visitation rights. Mothers were most often awarded sole custody in disputed custody cases as recently as the 1980's. The custodial parent has the ultimate authority in making decision regarding the child, including sensitive areas such as religious upbringing and surname changes.

Nonparental or Third Party Custody

An award of custody to a nonparental or third party is also possible in cases of divorce, death of a parent where the surviving parent is unfit, or when a child has been living with a third party for an extended period of time. Likely third parties to seek custody of a child are grandparents, aunts, uncles, stepparents, or partners in same sex relationships.

The law will vary from state to state, but many jurisdictions follow the parental preference rule, which requires that a parent be awarded custody of his/her child unless he/she is unfit. In challenging a parent's custody, a nonparental party has the burden to show that the child's best interests will not be served by granting custody to a parent. However, some states do vary in the weight given to a child's best interests and the fundamental right of a parent to have care and control over his/her child.

Split Custody

Split custody is when the custody of multiple children is split between the parents, and is the least common type of custody arrangement. Split custody is usually awarded only in exceptional situations because the courts are reluctant to separate siblings, including half-blood siblings and step-siblings based on the presumption that children benefit from an upbringing with their siblings and that separation would be a trauma in addition to the one resulting from the divorce. A court could consider the children's and parents' preferences, age disparities between the children, special needs, disciplinary issues, and a child's integration in a particular household in making a split custody award.

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