A Closer Look At Your Custody Options When Going Through A Divorce

Divorce is not a simple decision to make, especially when you have children. You have probably gone through some of the first stages of divorce, such as a mutual agreement with your spouse. But, now it is time to talk about custody, which the following guide can help you understand.

The Physical Custody Option

Physical custody encompasses two basic types of parental custodial rights, which are the following:

  • Joint physical custody
  • Custodial/Noncustodial physical custody

The joint physical custody is one of the best options for your children, as it allows significant and equal custody to both parents. This type of custody only works for parents who live close to each other, which also allows your children to lead a similar life as it was before your separation. And, according to experts, making sure that your children's life remains relatively unchanged should be your priority.

The custodial and noncustodial physical custody means that the children will be living with the custodial parent and not with the other. This does not mean the noncustodial parent won't have visitation rights and reasonable parenting rights.

You can talk to your family law attorney about more specifics regarding these two variations of physical custody.

Legal Custody

Legal custody is usually joint--although it can be sole legal custody--and gives you and the other parent the right to decide important things regarding your children, like the following:

  • Religious upbringing
  • Medical decisions
  • Schooling

There are other things that legal custody grants you and the cooperating parent with, which your family law attorney can discuss with you. You want to make sure you bring up important decisions that you and the other parent must agree with, as every family is different.

Joint Custody

This type of custody is one that encompasses both legal and physical custody, which works well for your children. You and your ex-spouse or partner will share decisions regarding your children as well as time with your children. The only catch is that you both have to be on good terms or able to set aside your issues for the sake of your children.

Sole Custody

Sole custody gives custody to only one parent; it is not the most preferred type of custody in regards to your children's psychological health, as it really creates a strong impact. But, this form of custody is sometimes necessary if one parent is not cooperative or may be a disruptive presence in your children's life.

You can have sole legal custody, sole physical custody, or--in worse case scenarios--both.

Be sure to talk about your family's specific situation with your family law attorney to reach the best type of custody that you and your children need. You should know that--in some special cases--there is also a grandparent visitation and custody option if both parents are incapable of caring for the children.