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If you are a parent and going through the process of a marriage dissolution, or if you are just a parent that has a child with someone you are not in a relationship with, you may want to make sure you understand the different forms of child custody. Each is different and includes different rights as the parent of the child.

Sole Custody

If one parent has custody of the child, this is defined as sole custody. Occasionally courts award sole custody to a single parent if the other is considered to be unfit by drugs or alcohol or issues with child abuse or neglect. Even if the court awards sole custody however, it is not uncommon for the court to also award joint legal custody which means that even though the child resides with one parent, both are required in making decisions regarding the child. In this case, the noncustodial parent has a visitation schedule instead of joint physical custody.

Joint Child Custody

Joint custody is also referred to as shared custody and occurs when parents are not together and not living together. Joint child custody usually requires parents to agree upon a schedule for the child and when the child will spend time with each parent. This time also dictates where the holidays, school time, and vacation time is spent, often with it being split between both homes of the parents. Becoming increasingly popular is “bird’s nest custody” in which the parents actually take turns leaving the home and the children stay in one place full time.

Sole or Joint Physical Custody

This form of custody spells out whether one parent or both have the right to have the children live with him or her. Sole physical custody means the child lives with one parent full time while joint physical custody would mean that the child or children lives and spends a certain amount of time with both parents. It is important to note that sole physical custody does not mean the child will not have visitation with the other parent. It simply designates where the child will live.

Sole or Joint Legal Custody

Legal custody designates who will make the decisions regarding the upbringing of the children. This may mean anything from deciding the religion to medical care. It is common in most states for parents to share and make the decisions together which results in joint legal custody.

It is important when dealing with the custody of a child that you are aware of the different forms of child custody that are available. If you are unsure you should contact a family law attorney.

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