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What Is Child Custody Free Advice Law Advice Insurance Advice Community Law Advice Free Case Evaluation Ask a Lawyer Q amp A Legal Topics All Legal Topics Accident Law Bankruptcy Law Business Law Criminal Law Employment Labor Law Estate Planning Family Law Financial Law General Practice Government Law Immigration Law Insurance Law Intellectual Property Litigation Malpractice Law Personal Injury Real Estate Law Tax Law Small Claims Admiralty Maritime Aviation Law Family Law Topics All Family Law Topics Divorce LawChild CustodyChild SupportSpousal SupportMarriageAdoption LawDomestic ViolenceName Change Free Advice Law Advice Family Law Child Custody Current Page What is child custody Written by FreeAdvice Staff Sponsored Ad Child custody refers to guardianship of a child This may refer to physical custody wherein you have the right to have the child physically under your care It may also refer to legal custody where you have the right to make decisions for a child but do not actually have the child living with you How Is Child Custody Determined When two parents are married or living in a coupled relationship then the custody of the child belongs to both parents Unless there is a strong reason to remove the child from the home such as neglect or abuse the two parents share physical and legal custody They are both responsible for providing care for the child and they both make decisions for the child together When parents are no longer living together however things become more difficult since the child will have to live with one or the other and since the parents may not be working together to make all decisions related to the child In the event that two parents decide they can no longer live together there are two main ways child custody is determined The two parents can decide upon a child custody agreement together This method is generally preferred as it allows the people who know the child best to establish what should be done Often referred to as a parenting plan such a custody arrangement can be approved by the court as part of a divorce settlement or in a separate proceeding in family court When a judge approves a custody agreement it becomes legally binding If the two parents cannot agree custody may be litigated Each parent will present evidence to a family court judge who will assess a number of factors to determine the custody agreement that will be in the best interests of the child Types of Child Custody Regardless of how custody is awarded there are a few different types of child custody arrangements that may be put into place Sole physical custody is appropriate when only one parent is fit to provide care for the child The other parent may not have any physical access to the child or the parent may have limited access such as supervised visits Primary physical custody is appropriate when it is in a child's best interests to spend most of his or her time with one parent but when the court believes that it is best for the child to also visit with the other parent regularly so as to maintain a relationship The non custodial parent may have a regular visitation schedule such as the opportunity to take the child for visits every weekend Joint custody is appropriate when each parent is equally capable of and interested in providing a solid stable home life In a joint physical custody situation the parents may get equal time or close to equal time with the kids Legal custody is also a form of child custody which may be determined separately from physical custody Legal custody refers to the right to make decisions about education health and other important issues regarding the child and a parent may have shared legal custody even if he does not have shared physical custody Getting Help The process of dividing custody of a child can be emotional and legally complex Having a lawyer on your side during this process is important to ensure that you get the best results possible View Related General Child Custody Questions 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