Child Custody Guide

Types of Custody

Legal Custody

Legal custody refers to the right to make important decisions about a child's life:

Education (school choice, special education)
Healthcare (medical treatment, mental health)
Religious upbringing
Extracurricular activities

Joint Legal Custody: Both parents share decision-making authority (most common)

Sole Legal Custody: One parent has exclusive decision-making authority

Physical Custody

Physical custody refers to where the child lives:

Joint Physical Custody: Child spends significant time with both parents. Does not necessarily mean 50/50 time.

Primary Physical Custody: Child lives primarily with one parent; the other has visitation rights.

Sole Physical Custody: Child lives with one parent; other parent may have limited or supervised visitation.

Best Interests of the Child

All states use the "best interests of the child" standard when making custody decisions. Factors typically include:

Child's age, health, and developmental needs
Emotional bonds between child and each parent
Each parent's ability to provide care
Stability and continuity (home, school, community)
Each parent's mental and physical health
History of domestic violence or substance abuse
Each parent's willingness to support the child's relationship with the other parent
Child's preferences (depending on age and maturity)
Siblings and keeping them together

Common Custody Arrangements

Arrangement	Description
Every Other Weekend	Non-custodial parent has child every other weekend plus one weeknight
2-2-3 Schedule	Child alternates between parents throughout the week
Week On/Week Off	Child spends alternating weeks with each parent
3-4-4-3 Schedule	Rotating 3 and 4 day periods with each parent
School Year/Summer	One parent during school year, other during summer

Creating a Parenting Plan

A parenting plan (custody agreement) should address:

Regular Schedule: Where the child stays on weekdays, weekends
Holidays: How holidays are divided or alternated
Vacations: Summer and school break schedules
Transportation: Who transports the child for exchanges
Communication: How child communicates with non-present parent
Decision-Making: How major decisions are made
Modifications: How to handle schedule changes
Dispute Resolution: Process for resolving disagreements

Child's Preference

Many states consider a child's preference, but the weight given varies:

Older children's preferences typically carry more weight
Some states set a specific age (often 12-14) when preference is considered
The child's reasons matter - preference based on one parent being more permissive may be discounted
Children are rarely required to testify in court; interviews are often conducted privately

Custody Evaluation

In contested cases, courts may order a custody evaluation:

Conducted by a mental health professional or custody evaluator
Includes interviews with parents, children, and sometimes others
May include psychological testing
Home visits to observe environment
Review of relevant records (school, medical, legal)
Results in a report with recommendations to the court

Modifying Custody

Custody orders can be modified if circumstances significantly change:

Relocation of a parent
Changes in child's needs or preferences
Changes in parent's work schedule or health
Concerns about safety or well-being
Parent's failure to follow the existing order

To modify, you typically must show a "substantial change in circumstances" and that the modification is in the child's best interests.

Special Situations

Supervised Visitation

May be ordered when there are concerns about a child's safety. Can be supervised by a relative, professional, or at a visitation center.

Relocation

Moving away with a child typically requires court approval or the other parent's consent. Requirements vary by state and distance.

Interstate Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has jurisdiction. Generally, it's the child's "home state" (where they've lived for 6 months).