Working out the child custody agreements is the toughest part when divorcing a spouse. While this can be a stressful time, you both only want what’s best for your kids. Use this guide to familiarize yourself with the different types so you can reach a plan that works for everyone.

Physical Custody 

Physical custody will determine who the child lives with. In most cases, shared physical custody is granted, and the child will spend a determined amount of time with both their mother and father. 

This doesn’t necessarily mean a 50/50 split. Usually, the child will live primarily with one parent but will stay with the other one at agreed-upon times, like weekends, certain holidays, and vacation days. Parents who live in close proximity will often follow more flexible schedules, and the child will alternate households weekly. 

Legal Custody

The parent granted legal custody will have the authority to make all decisions about the child’s upbringing, including where they go to school and which doctors they visit. Legal custody will often be granted to both parents following a divorce. 

However, this doesn’t mean they have to agree on every decision. Each parent is still allowed to make their own parental choices. It’s recommended to make consistent rules regarding the child’s upbringing to prevent differences between households.

Sole vs. Joint Parenting

When sole custody is given to one parent, they will have both physical and legal custody rights. Usually, this is only practiced when one parent has financial, drug, or alcohol problems that make them unable to care for the child. However, it can also be enforced if a parent is living with someone with those issues.

Usually, a type of joint custody arrangement will be agreed upon so that both parents have responsibilities in raising the child. Joint parenting doesn’t necessarily have to apply to both legal and physical custody at the same time. Some arrangements grant sole physical custody to one parent but allow both adults to have a say in the child’s upbringing.

When you want to be fairly represented in your divorce, turn to Payne Law Office in Lincoln, NE. This family law office is equipped with expert child custody and divorce lawyers who are up to date on the latest regulations and courtroom proceedings. They’ll help you navigate the divorce process and help you reach an agreement with your ex-spouse. Call (402) 477-7246 to schedule a free consultation.