Custody Forms: The Steps Men Should Take

Both men and women ending their marriage must make a series of decisions concerning the custody of their children. It all begins with making a decision about who will have legal custody of the children and who will have physical custody of the children. Legal custody refers to which parent or parents will have the right and the obligation to make decisions on the children’s behalf concerning education, medical care, and religious education as well as decisions concerning other life altering decisions. Physical custody refers to which parent or parents the child will live with on a full time basis or a part time basis. There are three different main forms of physical custody.

Forms of Physical Child Custody

Sole Custody

If one parent has historically been involved in the children’s care that parent is often awarded sole custody or primary custody of the children. Primary custody means the children will mainly live with that parent at that parent’s residence.

Joint Custody

When both parents agree to equally share the custody of the children they will both retain the same level of legal custody of the children and the same level of physical custody of the children. Because of the increasing number of fathers that are actively involved in their children’s care and nurturing many couples opt for this form of custody after the dissolution of their marriage.

Split Custody

This is a custody form with some children live with one of the parents for some part of the year while other children live in that parent home for the entire year. Split custody of the marital children means the parents split the time some of the children will live in the home of each respective parent.

It is important that divorcing men are happy with their child custody decisions because in most cases once those decisions are made they become part of the final divorce agreement and at that point may take additional legal action to attempt to change custody plans. Courts do not like to alter custody orders after the divorce is final.

Getting Legal Help

If you are a man that is encountering problems with child custody arrangements that were made prior to the dissolution to your marriage it may be important to discuss the situation with a divorce attorney. A lawyer can review your divorce settlement agreement and take all necessary legal steps necessary to protect the best interests of the children and the fathers legal rights and interests.

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