Child custody deals with the day-to-day and the legal relationship between a child and their parent or guardian.
You’ll see that every state uses its own set of laws for child custody cases – it’s also a heavy responsibility for everyone involved. Even so, the judges everywhere put the child’s well-being ahead of what the parents may want. The court will look at what helps the child the most and will only make custody changes if there’s a benefit for the child.
You’ll see two main kinds of custody arrangements – full custody or joint custody – and the system pushes for balance where possible. Let’s look at how these two options work, what sets them apart, and what can shape the final choice.
What Is Full Custody?
Full custody means that one parent takes on the responsibility for raising and caring for the child. You’ll usually see that the courts grant full custody to the primary caregiver for a few different reasons.
If one parent becomes very ill, disabled, or can’t take care of the child anymore, things can change very fast. For example, if a mother who has always been the main caregiver has a stroke and ends up with long-term health problems, the father may get full custody. In this situation, the court recognizes that the mother isn’t able to keep up with the parental duties because of her health.
Sometimes, the other parent is considered unfit to raise the child. Consider a case where the father struggles with extreme substance abuse and doesn’t finish multiple rehab programs. The judge might then see his addiction as a danger and award full custody to the mother.
If one parent has a criminal record or is sent to prison, then the court will usually step in. Say the mother is convicted of a crime like armed robbery and ends up serving a long prison sentence. Since she can’t provide a steady or safe home, the father is more likely to get full custody.
A history of abuse or neglect is another reason why full custody is granted. Maybe the father has a record of physically abusing the child or the mother. To protect the child’s safety, the court will give full custody to the mother in these cases.
When a parent has full custody, this includes legal and physical custody. Legal custody lets you, as the parent, make the big decisions about how your child will be raised.
You can choose on things like where your child will go to school, what medical care they get, religious activities, and discipline. Physical custody refers to where your child lives for most of the time.
Make sure not to confuse full custody with sole custody. Sole custody generally means that the other parent doesn’t get any custody rights. But, with full custody, the non-custodial parent may still be able to visit, though on a limited basis. So even if you have full custody, the other parent might see the child depending on the court’s choice.
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What Is Joint Custody?
Joint custody means that parents share the time with their child, though sometimes just one parent might manage the legal decisions. With this setup, you and your co-parent can still work together, split the time with your child, and manage the responsibilities as a team. If you have joint legal custody, both of you need to agree on the big issues.
With joint physical custody, the main point is how much time your child actually spends with each parent. The courts usually like parents to stay involved, as this helps your child build a strong connection with both of you.
If you and your co-parent live far from each other, it can start to feel impossible to share time evenly. Say you move to another state for work, while your ex stays behind. In cases like this, the court could find it tough to create a schedule that lets your child spend equal time with both of you without turning their life upside down.
A joint arrangement that’ll need your child to change back and forth every week can make things harder, too. When your child has to switch houses again and again, it can create extra stress. It’s difficult building a life in two places. It can make it hard to make close friends or get in the way of sports and other after-school activities. The court might step in and look for a plan that’s a bit easier on your child.
Consider a situation where each parent lives in a different school district. Now, your child may have to change schools to stick with the custody plan, which can be confusing and unstable. The court can see this as a problem and may recommend one home base for school instead.
Some kids have strong feelings about where they want to live. If your teenager says they feel more comfortable living with one parent or have a closer relationship with them, the court is likely to listen. That’s also the case as your child gets older and can speak up for themselves.
The court also considers the child’s age. If you and your ex have a newborn or a young baby, the judge might say that it’s better for one parent to be the main caregiver for now. Younger kids need more consistency and the court may want to keep their schedule as steady as possible.
Work schedules can also get in the way. If you and your co-parent work odd hours or travel quite a bit, you might not be able to set up a fair joint custody plan, even if you want to. The court could give one parent primary custody and work out visits with the other parent, based on when it works best.
The courts award joint custody when parents are willing and able to share the work and agree to stay in contact about their child’s needs. It doesn’t happen automatically – you have to ask for it. And keep in mind, things can change. If one of you moves away or gets remarried, then you might need to ask the court to update your arrangement.
Do I Need an Attorney to Assist With Custody?
When a judge makes the decisions about child custody, the focus usually stays on what’ll work for your child. Since family court judges manage these arrangements, you’ll want to reach out for legal help from an attorney who has plenty of experience with child custody cases. A good child custody lawyer can tell you about your rights, explain how the laws work in your state and speak for you in court when needed – this support makes things smoother for you and your child.
We at LegalMatch offer an online service that helps you find family law attorneys nearby who also work with child custody situations. After you fill out a short online form about your case, we connect you with lawyers who have taken on similar cases before.
You get a chance to look over each attorney’s profile and check feedback from other clients. If someone seems like a good match for you, go ahead and book a consultation to talk things over and determine your next steps.
You can try our service to make your search for the right lawyer quite a bit easier. It can give you access to someone who has what it takes to support you and look out for your child’s needs.
