Child Custody & Support

What Are My Child Custody Options?

Legal Custody

This refers to the legal authority who has the right to make major decisions on behalf of the child(ren), including with his or her education, welfare, and health. Sole legal custody means that only one parent will have the legal right to make these types of decisions for their child(ren), while joint legal custody means that both parents will have this right.

It is a possibility for parents decide on joint legal custody, but not share joint physical custody

Physical Custody

This determines where the child(ren) will physically live the majority of the time, which includes providing for their daily needs. There are a number of physical custody options available, including sole physical custody, joint physical custody, and birdnesting.

When sole physical custody is determined, the child(ren) will stay with one parent. Often, in this scenario, the other parent is awarded visitation rights, including sleepovers and these visitation rights will be legally agreed upon.

 

Joint physical custody is when the child(ren) will spend half of their time living with one parent and the half of their time living with the other parent. This could be done so that half the week, month or year is spent with one parent and the other half with the other parent, depending on what works for the family.

Birdnesting might be the most beneficial for young children as they would remain at one residence and the parents would rotate in and out of the home. However, it is the least common as it requires substantial cooperation between the divorcing parents and can be costly to maintain three residences

 

Determining visitation rights

Unless the child would be in harm’s way, visitation rights are important to discuss and determine if joint physical custody cannot be agreed upon. Options for visitation rights include supervised and unsupervised visitation. And with today’s technology, virtual visitation can be a good solution for distance and when in-person visits are infrequent. Our custody attorneys are prepared to fight for the outcome you deserve.

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The most emotionally difficult part of any divorce or separation of couples with children is determining the custody arrangement. At Whalley Law, we work hard to ensure that cases are settled without going to court, if at all possible. This saves you both time and money, as well as added stress from court battles. Child custody is never easy. Have a custody attorney review your case for free.

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