Child custody is a vital aspect of family law that determines where a child will live after the divorce and who will make important decisions about their upbringing. Parents and courts can consider different arrangements for child custody based on the best interests of the child.
Understanding these arrangements can help parents navigate the custody process more effectively.
Sole custody
In a sole custody arrangement, only one parent has the main legal and physical custody of the child. This means that the child lives with one parent most of the time (physical custody). According to the Maryland Courts, legal custody means a parent has the authority to make major decisions about the child’s upbringing, such as education, healthcare and religion. The other parent may have visitation rights but does not have decision-making power.
Joint custody
Joint custody is an arrangement where both parents share the physical and/or legal custody of the child. In joint physical custody, the child spends significant time living with both parents. Joint legal custody means that both parents have the authority to make decisions about the child’s upbringing together. Joint custody arrangements require effective communication and cooperation between parents.
Other custody arrangements
Split custody is less common and involves siblings becoming divided between parents. For example, one parent may have custody of one child while the other parent has custody of another child. Split custody arrangements are typically only used when it is in the best interests of the children involved. In a bird’s nest custody arrangement, the child remains in one home while the parents take turns living in the home with the child. This allows the child to have a stable living environment while the parents rotate in and out. Bird’s nest custody can be a temporary or long-term arrangement depending on the parents’ preferences.
In some cases, a third party, such as a grandparent or other relative, may have custody of the child if both parents are unable to care for the child. Third-party custody arrangements may involve visitation rights for the parents.
It is important for parents to consider the unique needs of their child and work together to create a custody arrangement that supports the child’s physical, emotional and developmental needs.