{"id":351620,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/child-custody-basics.html"},"modified":"2023-05-30T07:55:32","modified_gmt":"2023-05-30T12:55:32","slug":"child-custody-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/child-custody-basics.html","title":{"rendered":"Child Custody Basics"},"content":{"rendered":"\n
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Child Custody Basics<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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When parents divorce or separate, they have to decide who will have custody of the child. This includes physical, legal, joint or sole custody.  The court makes custody decisions based on the best interest of the child standard.<\/p>\n\n <\/div>\n\n

There are different types of custody arrangements, each with its own advantages and disadvantages. The court’s decision on child custody will be based on the best interests of the child<\/a>. When deciding on custody of a child, the court will look at a variety of factors.
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This article provides an overview of child custody. For a handy, printer-friendly reference, download FindLaw’s Guide to Child Custody<\/a>.<\/p>\r\n

Types of Child Custody<\/h2>\r\n

There are several types of child custody. Child custody includes physical custody, legal custody, joint custody, and sole custody. These types of child custody are outlined briefly below.<\/p>\r\n

Physical and Legal Custody<\/h3>\r\n

Physical custody refers to the living arrangements of a child after their parents break up. One or both parents may have the responsibility of caring for and providing a home for the child.<\/p>\r\n

Legal custody refers to the authority and responsibility for making important decisions on behalf of the child. This includes matters relating to health care, education, religion, and extracurricular activities.<\/p>\r\n

Joint Custody<\/h3>\r\n

Joint custody is a type of custody arrangement where both parents share legal and\/or physical custody of the child. In a joint legal custody arrangement, the parents work together to make important decisions. They collaborate on major decisions like health care, education, and religious upbringing. Physical custody may be split 50\/50 \u2014 or on a schedule that works for the parents and child.<\/p>\r\n

Joint custody is often awarded when both parents are fit and able to care for the child. Each parent spends about an equal amount of time with the child. This arrangement allows the child to maintain a relationship with both parents. It also provides a sense of stability and consistency to the child.<\/p>\r\n

Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents agree and can show their ability to make joint decisions and cooperate for the child’s sake.<\/p>\r\n

Sole Custody<\/h3>\r\n

Sole custody is a type of custody arrangement in which one parent has legal and physical custody of the child. The other parent has limited or no involvement in the child’s life. They may have visitation rights but do not have decision-making authority like the other parent.<\/p>\r\n

Sole custody is usually awarded when the other parent is "unfit<\/a>" to be a parent. A parent may be unfit if they have a history of neglect, abuse, or endangerment of the child. A parent may also be unfit if they struggle with substance abuse issues, mental health issues, or can’t provide a stable home for the child. This non-custodial parent may be ordered to pay child support.<\/p>\r\n

Sole custody can be in the form of sole legal custody or sole physical custody. Usually, sole custody involves both. Sole physical custody means that one parent has the primary responsibility for the child’s physical care. Sole legal custody means that one parent has the sole right to make decisions for the child.<\/p>\r\n

Sole custody can provide stability and consistency to a child. But, depending on whether visitation is also ordered, they could miss out on a relationship with the other parent. The parent with sole custody might also feel overwhelmed by caring for the child alone.<\/p>\r\n

Split Custody<\/h3>\r\n

Another option, although much less favored, is split custody<\/a>. Split custody is when one parent has custody of one or more of the parties’ children, and the other parent has custody of the other(s). Courts usually prefer not to separate siblings when issuing custody orders.<\/p>\r\n

Child Custody and Unmarried Parents<\/h2>\r\n

Custody issues can arise for unmarried parents just as they do for married couples. When the child’s parents are unmarried<\/a>, the statutes of most states require that the mother get sole physical custody unless the father takes action to get custody. The father will need to establish his parental rights, or "parentage" through a legal proceeding.<\/p>\r\n

Establishing a custody arrangement or parenting plan can help avoid custody issues. These documents can help the parents avoid disputes and provide stability for the child.<\/p>\r\n

Custody arrangements outline each parent’s rights and responsibilities. This might include the amount of parenting time, decision-making authority, and child support that will be paid for the benefit of the child. Parenting plans can include details about how children will be transported between homes, how holidays and vacations will be shared, and how conflicts will be resolved. Some states may require child custody and visitation to be outlined in a separate order from child support.<\/p>\r\n

Child Custody Decisions: Factors to Consider<\/h2>\r\n

In deciding who will have custody, the courts consider various factors. The overriding consideration is always the child’s best interests<\/a>. Often, the main factor is which parent has been the child’s "primary caretaker" (more on this below). If the children are old enough, the courts will take their preference into account in making a custody decision.<\/p>\r\n

Although the "best interests" standard does vary from state to state, some factors are common in the best interests analysis used by the individual states, including:<\/p>\r\n