Child Custody Options :: Understanding the Different Types of Child Custody

When considering child custody options, it's crucial that parents understand the terminology used by legal experts. In particular, it's important to understand the distinction between legal custody and physical custody.

Legal Custody
Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions.

• Sole Legal Custody
  The parent who has sole legal custody is the only person who has the legal authority to make major decisions on behalf of the child. These include decisions regarding education, religion, and health care
  
  
• Joint Legal Custody
  Joint legal custody means that both parents have the legal authority to make major decisions for the child. It should be noted that parents can potentially share "joint legal custody" without having "joint physical custody."

Physical Custody
Physical custody refers where the child/ren live the majority of the time.

• Sole Physical Custody
  With this type of child custody, the child physically resides at one location. In most cases, the non-custodial parent is awarded generous visitation rights, including sleepovers.
  
  
• Joint Physical Custody
  This form of child custody is also called "Shared Custody," "Shared Parenting," or "Dual Residence." In this situation, the child/ren live with one parent for part of the week (or part of the year), and live with the other parent during the remaining time. The division of time spent at each location is approximately equal.
  
  
• Bird's Nest Custody
  This is when the children live in one central location, and the parents rotate in and out of the children's home on a regular schedule. For example, mom may reside at the children's home Monday evening through Thursday, and Dad may reside there from Thursday evening through Monday morning.