When you split with the other parent of your child, custody almost always comes into play. This is one of the most difficult areas to sort out, but it’s essential that you come to an agreement that is best for your child. It isn’t a time to look at punishing your ex, but to figure out how to raise a happy, healthy child.
The Four Types of Custody
In the UK, there are four main types of custody that you can expect.
Physical Custody
This type of custody determines which parent will have the child living with them. Under physical custody, you have sole and joint options.
Sole physical custody means the child lives mostly with one parent, the custodial parent. The non-custodial parent usually has visitation rights, unless there are strong reasons not to grant this.
Joint physical custody means the child splits their living time between parents. This is not always in the best interest of the child and that will be taken into account by the judge, who is aiming to make sure the child has the best life possible.
Legal Custody
This determines which parent has control over how the child is raised, including their religion, medical care, education, etc. Again, there are two subcategories here, including sole and joint. With sole legal custody, one parent makes all the decisions. The other parent may offer their opinion, but the custodial parent determines the end choice.
In joint legal custody, both parents must work together to make a choice for the child. This can result in some awkward conversations and even anger and discussions if the parents cannot agree.
Full Custody
If a parent is granted full custody, they have sole legal and physical custody of the child. In most cases, the non-custodial parent will still have visitation rights.
Sole custody is often awarded when one parent is considered not fit to raise a child, has a criminal record, has been abusive or neglectful, or is ill or disabled.
Joint Custody
In cases where both parents have equal custody, they fall under joint custody. This may refer to only physical or only legal areas of the custodial agreement, or it can be both.
If there is joint physical and legal custody of a child, both parents have a period of time living with the child and share decision making regarding the child’s upbringing.
Which Option Is Best?
While custodial agreements outside the court are not legally binding, they do allow for more flexibility. However, if you do go to court, remember that you should have a solicitor with you. They will advise you on the best course of action, but in the end, it is the judge who will determine what is best for the child. Asking for a reasonable custody order is in your best interest.
Need a family solicitor? Richard and Lewis offer highly qualified lawyers with expertise in child custody matters. Contact us today to learn more.