In some joint custody arrangements, the parents take turns moving in and out of the family home where the children stay. This arrangement is commonly referred to as nesting or bird’s nest custody.
Understanding the legal terms related to child custody can be extremely confusing. Some of you may have already heard of legal, physical, joint, and sole custody. We wish all of you a healthy marital life and that you stay away from these terms in your personal life, but it does make sense to understand the meaning of these legal terms and how they differ from each other.
Physical Custody:
Physical custody is a right that allows a parent to live with his or her child. In some states, joint physical custody is also offered. This means that the child gets to spend adequate time with both the parents. This system works particularly well in cases where the parents live in close vicinity to each other. Joint custody is also good for the child because it helps retain their normal routine to some extent and helps them remain stress-free.
In some other instances, however, the child may live primarily with one of the parents known as the custodial parent. The custodial parent will have primary or sole physical custody in these cases. On the other hand, the non-custodial parent will have the right to parenting time or visitation with his or her child.
Legal Custody:
Legal custody is completely different from physical custody, and it refers to the right and the obligation for making decisions that are directly related to the upbringing of the child. With legal custody, a parent can make decisions about the medical care, religious upbringing, and schooling of the child. Legal custody is offered jointly in some states, allowing both parents to share decision-making rights.
If one parent excludes the other one from the decision-making process while sharing joint legal custody, the deprived parent may seek legal intervention for the enforcement of the custody arrangement. This will not lead to a financial penalty or jail term, but would definitely be embarrassing. Moreover, it may create more friction between the two parents, which has a direct negative impact on the child.
If one of the parents believes that sharing joint legal custody is not possible because of the circumstances between the two parents, he or she may go to court seeking sole legal custody. However, it has to be proven that joint legal custody is not in the best interest of the child.
Sole Custody:
One particular parent is entitled to have either sole physical custody or sole legal custody of a child. If the other parent is deemed unfit, sole physical custody is awarded by the court to one parent. This is particularly true in cases that involve a parent with drug or alcohol dependency or child abuse or neglect charges.
In most of the United States, however, courts do not prefer awarding sole custody to ensure that both parents can play a role in the lives of their children. Even if sole physical custody is awarded, legal custody is shared by the parties and a generous visitation schedule is provided to the noncustodial parent.
Joint Custody:
Parents have joint custody when they don’t live together, and share the responsibility of making decisions related to their children’s custody and/or physical control. Joint custody can exist between parents who are separated, divorced, no longer cohabiting, or never lived together.
Joint custody sharing parents work out a schedule as per their housing arrangements, work requirements, and the needs of the children. The arrangement is imposed by the court when the parents are not able to agree on a schedule. Common patterns of arrangements include splitting weeks between parents or alternating months, six month periods, or years.
In some joint custody arrangements, the parents take turns moving in and out of the family home where the children stay. This arrangement is commonly referred to as nesting or bird’s nest custody.
To find out more, please get in touch with an experienced child custody law firm in your locality.
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