How Is Full Custody Determined

It is not unusual for one or both parties in a divorce to seek full custody of the children.  But what exactly is full custody? 

Although the terminology used to describe the different types of custody varies from jurisdiction to jurisdiction, custody is generally divided into two categories: 

• Legal custody; and
• Physical custody. 

Either party may seek full legal or physical custody of the children.  In most jurisdictions, a party is said to be seeking “sole” rather than “full” legal or physical custody. 

What is Sole Legal Custody?

If a party is seeking sole physical custody, he or she is asking the court to give them the exclusive right to make important decisions which impact the child.  Such decisions typically involve the child’s education, religious upbringing, medical care, and extracurricular activities.   If one parent is awarded sole legal custody, it does not mean that the other parent does not have the right to know what is going on with the child, it simply means that parent has no decision making authority. 

What is Joint Legal Custody?

If a court awards parents joint legal custody, it means the parties will share the decision making authority.  In most instances where joint legal custody is awarded, one parent or a close family member or friend will be given tie-breaking authority to be exercised only in the event the parents cannot agree on a particular matter.  

What is Sole Physical Custody?

If a court awards sole physical custody of a child to one parent, then the child will reside with that parent on a full-time basis.  In most instances where a court awards sole physical custody to one parent, the other parent will be awarded visitation.  A court has the authority to award one parent sole physical custody while awarding both parents joint legal custody. 

What is Joint Physical Custody?

There are instances where a court may award joint physical custody.  Joint physical custody means that the parents while share equal or almost equal time with the children.  The parties may agree to split their time with the children by the week, month, or year.  Depending on the circumstances and whether the parties are sharing equal time with the children, child support may not be awarded in a joint custody situation. 

How is Custody Decided?

Courts look at a variety of factors in deciding custody issues.  At the heart of every custody decision, however, is the desire to render a decision that will be in the child’s best interests and result in the best possible outcome for the child. 

Getting Legal Help

If you are involved in a custody dispute, you need the assistance of a qualified divorce attorney.  A divorce attorney can explain how the custody laws in your state work and will represent you throughout the custody process.