There are 2 basic issues in regards to custody: Physical or residential custody - Which parent the children will live with. This parent is referred to as the Residential Custodian. Legal custody - who will make the decisions on behalf of the children concerning health, education, religion and general welfare. The most common form of custody is Joint Legal Custody. This is where the children live with one parent (residential custodian) while the other parent has visitation rights. With Joint Legal Custody, both parents make the decisions on behalf of the children concerning health, education, religion and general welfare. Joint physical custody Often referred to as shared parenting, it is when the child resides with both parents for a significant amount of time. This arrangement does not always work out to be an exact 50/50 split. In order for this type of situation to work, there must be cooperation on both sides. The parents would also have to live in close proximity as not to affect the child's schooling. A few years ago there was a trend towards awarding this type of custody, however recently it has been determined that this may not be in the best interest of the child. Sole legal custody Is when one parent has the right to make all the legal decisions regarding issues such as health, education, general welfare and religion. This type of custody is not very common anymore.
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