Table of Contents

What is Custody?

Custody, in the context of family law, typically refers to the rights and duties a parent or guardian has towards their child. These duties encompass physical care, emotional support, and the authority to make decisions on the child’s behalf, regarding matters such as education, health, and religious upbringing.

Custody can be either physical or legal. Physical custody refers to the right of a parent to have the child live with them, while legal custody grants the parent the authority to make decisions for the child. These two types of custody may be shared between parents in various ways, as determined by a court in the child’s best interests.

In terms of financial assets or physical property, custody implies the safekeeping, management, and control of these assets. A custodian is responsible for safeguarding the assets, managing them as per the custodial agreement, and ensuring they are used or invested in a manner that benefits the rightful owner.

What are the Different Types of Custody?

There are several different types of custody arrangements that courts can assign, each with its own set of parameters and implications for both parents and children. These include:

  • Sole custody: One parent has full legal and physical custody of the child.
  • Joint custody: Both parents share legal and physical custody rights. This can be joint legal custody with one parent having primary physical custody.
  • Split custody: One parent has physical custody of some children while the other parent has physical custody of other children from the same relationship.

How do Custody Arrangements Work?

Custody arrangements work based on a detailed plan that outlines how parents will share the responsibilities and time with their children. This plan, often called a parenting plan or custody agreement, is usually developed and agreed upon by both parents and then approved by a judge. It covers details such as where the child will live (physical custody) and who will have the authority to make important decisions about the child’s education, healthcare, and religious upbringing (legal custody). 

What Factors Determine Custody Decisions?

The child’s best interest is the top priority. Factors considered include the child’s relationship with each parent, each parent’s ability to care for the child, and history of providing for the child’s needs. The child’s preferences may also be considered depending on age. Other factors can include the physical and mental health of each parent, any history of abuse or neglect, and the ability to provide a stable home environment.

Let Family Matters Law Group Help You with Custody 

Understanding the definition of custody is crucial for all parties involved in a custody battle. Family Matters Law Group has a team of experienced and compassionate attorneys who specialize in handling custody matters. With our extensive knowledge and dedication to our clients, we are equipped to handle any custody case that comes our way. 

Your children’s future is too important to leave in the hands of just anyone. Let us help you navigate your options and fight for what is best for your family. Remember, you don’t have to face this challenging time alone. Our team at Family Matters Law Group is here to support and advocate for you every step of the way.