There are physical and legal child custody arrangements. Co-parenting families may have joint custody or one parent has primary/sole custody.
By Jade Yeban, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed October 25, 2024
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This section contains answers to common child custody questions, describes different types of custody, explains what to do if problems arise, and details grandparent visitation rights. Additionally, this section provides state-specific child custody laws and forms.
Working out how to share custody of a child with the other parent can be difficult. Decision-making can be especially hard when parents struggle to get along.
Learn about the basic types of custody, the family court system, and parental rights below. This information can be helpful whether you're facing legal issues for the first time or you've had an open case for years.
Physical custody is sharing a home with a child and handling their day-to-day needs. Physical care of the child concerns things like food, transportation, and routine.
Legal custody is the right to make important decisions for your child's life. Legal custody is often related to health care, religion, and education.
You can learn more about the types of child custody.
Joint custody is when both parents share parental rights and their child's living arrangements. There are different variations of joint custody.
Joint legal custody means that both parents can make major decisions for the child. Joint physical custody means the child will spend nearly equal time with both parents. This is usually close to 50-50, but the split isn’t always exact.
Courts generally prefer this type of custody agreement. They find it is in the best interests of the child in most cases.
Sole custody is where only one parent or guardian has sole physical custody and sole legal custody of the child.
A sole custody order is appropriate when one parent's ability to care for the child is not in the child's best interest. This outcome may happen because that parent is unfit. This happens when, for example, a parent is guilty of domestic violence or child abuse.
However, the non-custodial parent may still retain other parental rights. For example, they may have limited parenting time or visitation rights.
Although rare, it is also possible for a parent to have primary physical custody without having primary legal custody. This unique arrangement happens when the court determines such an arrangement is in the best interests of the child.
In most states, family courts have the decision-making authority in child custody cases. They create orders to determine custody of the children. Even if you are the child’s biological parent, the court may grant or end your parental rights based on the case.
The custody process reflects the specific situation. Getting child custody may be part of an ongoing divorce case. Unmarried parents may only file for custody rights but otherwise separate out of court. Sometimes, grandparents or other close adults file for visitation orders. Other cases may concern the temporary custody of a child, foster care, or even adoption. Yet in all cases, the child’s needs are paramount.
The courts look at many factors to decide what is in the best interests of the child. Generally, judges aim to preserve existing relationships. They seek a healthy, stable environment for the child.
Some factors the courts will consider for the child’s best interests in a custody determination include:
However, this is not an exhaustive list. Each state considers a unique set of factors to determine the best interests of the child on a case-by-case basis.
The court may also mandate mediation for parents or other adults who seek custody or visitation of a child. But if the case involves domestic abuse allegations, mediation is not a requirement.
In mediation, you can discuss what you want or any problems you've had exchanging the child. You can also address anything else that's relevant to the situation. The goal is to create a plan that works well enough for everyone. Otherwise, the judge may make a parenting plan that neither parent is happy with.
Several different types of issues may relate to child custody disputes. For example, issues arise when a parent keeps a child longer than agreed in the court order. Another example is when parents disagree about who claims a child on their taxes, sometimes even after an agreement or court order.
When custody disputes like these arise, you should keep in mind that it is never the solution to stop paying child support. Instead, you may need to modify a child custody decision.
To change your custody arrangement, you may need a valid reason to apply for a modification. For example, in Georgia, parents must have grounds to modify custody arrangements. They must prove that there has been a "material change of circumstances” since the original court order, which will impact the child's well-being. The court must also find that the modification is in the best interests of the child.
Going to court for anything can be emotionally draining. Still, for cases involving your child, it can be extremely difficult to keep calm and ensure that you cover everything you need to tell the judge. You're more likely to get your requested custody and visitation agreement with an experienced family law attorney advocating for your rights as a parent.
A family law attorney will provide valuable legal advice and guide you through the legal process. They can help you understand your custody and visitation rights and provide you with solutions to your custody issues.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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