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Step 1
Understand that different states sometimes use different names for the types of custody arrangements. The basic descriptions are the same in all states.
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Step 2
Realize there is a difference between legal and residential custody. Legal custody refers to which parent(s) have the right to make decisions about the child's life. Residential custody refers to with which parent the child spends his or her time.
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Step 3
Know that there are only two types of legal custody - joint and sole. Sole custody occurs when one parent is given all the power to make decisions about the child's life. Joint custody (also called shared custody) means that both parents will continue to be the decision makers for the child, just as it was before the divorce or separation.
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Step 4
Think about the different types of residential custody. Usually one parent is named as the residential parent and the other is given visitation rights. Parents can also have shared residential custody, where the child spends equal time with each parent. One parent may be given sole residential custody and the other given no visitation rights at all (this is only in extreme cases). Residential custody also includes holiday visitation schedules, where parents share or alternate important holidays.
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Step 5
Recognize that you can mix and match the types of legal and residential custody together. For example, the parents can share joint custody and the mother can have residential custody with visitation to the father. The parent who has sole legal custody always has sole residential custody.
