Legal Options for Child Custody
Child custody can be broken down into two main options--sole custody and joint custody. However, within these custody arrangements, physical custody and legal custody must also be established. Physical custody determines the amount of time each parent has the child in his or her physical possession. Legal custody determines which parent has the right to make major decisions about such matters as a child's education, health care and religious upbringing.
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Sole Custody
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Sole custody is that in which one parent (the custodial parent) is the child's caretaker for the majority of the time. This parent will also have legal custody of the child. The noncustodial parent will be permitted visitation with the child that extends to overnight visits and vacations. However, in some instances, the noncustodial parent may only have supervised visits with the child.
What is Joint Custody?
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In a joint custody arrangement, both parents will be designated a certain amount of time during which they receive physical custody of the child. A court will establish a specific schedule for each parent to abide by with respect to physical possession of the child. Parents who share equal time with a child may establish their own schedule and present it to the court. For example, some parents may opt to divide custody every other week or every other month.
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Joint Custody With One Legal Custodian
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This custody arrangement involves shared physical custody of a child as described above. However, one parent will be designated the legal conservator. Regardless of how much time the child spends in the physical possession of each parent, a parent with legal custody does not have to get the permission of the other parent to make major decisions regarding the child's medical care, education and religious upbringing.
Joint Custody With Shared Legal Custody
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Most states are moving toward a joint conservatorship model in which both parents share physical and legal custody of the child. In this arrangement, the child typically spends an equal amount of time in the physical possession of each parent. Also, both parents consult each other before making major decisions about the child's upbringing and welfare. A parent who shares legal custody who makes a major decision for a child without the other parent's permission may find him or herself in court, if the other parent asks a judge to enforce the custody agreement.
Factors That Decide Custody
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Under the "Tender Years Doctrine" of the 1850s, courts favored giving the mother custody unless mental illness, alcoholism or physical abuse was at play. This doctrine presupposed that a child was better off with the mother during his or her formative age. Even today, some states still consider it permissible to consider the sex and age of a child when considering custody, usually giving the mother custody if the child is a young female. However, the current law of most states does not favor one parent over the other; both mother and father must prove to the court that the custody arrangement they seek is in the best interest of the child. The criteria parents must meet to prove they have the best interest of their child in mind is spelled out in statute in each state's Family Code.
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