How Does Child Custody Work?

When couples with children separate, custody is one of the most divisive issues that will usually be addressed. Custody grants the parent the ability to make most decisions on behalf of their child. In other words, until the child turns 18 the parent will be able to make all legal decisions for the child.  

Legal Custody

Legal custody grants the parent the right to determine issues such as discipline, education and medical care. The parent who does not have custody will be unable to force their opinions on these issues. In other words, without custody, a parent is unable to make major decisions on behalf of their child. However, custody comes in one of two varieties.

Sole Custody

Sole custody grants the parent total control over the decision made for the child. This is the most common type of custody. Particularly when the divorce was divisive. In most states, sole custody will be granted to the mother. However, it is not impossible for the father to obtain sole custody. The court system will determine what is in the best interest of the child before determining which parent will have sole custody of the child. If new developments change which parent is best suited to looking after the welfare of the child, then the court system has the power to shift sole custody to the parent who is able to care for their child.

Joint Custody

Joint custody is becoming more common. In particular, couples that are still on good terms with each other after the divorce will usually enter into joint custody of their child. When joint custody is established, the parents will have to agree on most issues pertaining to the welfare of the child.