Types of Custody

The type of custody requested or granted will affect your legal rights and/or parenting time.

Sole custody should be sought only when the other parent is abusive, mentally ill, alcoholic, drug abuser, a danger to the children or one’s self, or if the other parent does not want to be involved in the children’s lives.  Sole custody should not be a means to be vindictive/spiteful/hateful/vengeful to the other parent.

Common Labels
Joint Custody, Joint Legal Custody, Joint Physical Custody, Joint/Shared Parenting,
Sole Custody, Sole Legal Custody, Sole Physical Custody, Primary Physical Custody,
Split Custody, Divided Custody, Bird's Nesting Custody, Alternating Custody, Third-Party Custody
Custodial Parent, Non-Custodial Parent, Primary Parent, Secondary Parent
Primary Residence, Secondary Residence, Visitation, Parenting Time, Minimum Time Concept

Joint Legal Custody
Parenting Time: Non-Custodial parent’s parenting time on the regular schedule is usually 18-30%.
Decision-Making: Shared decisions on major/non-emergency medical care, education and childcare.
Parents’ Advantage: Arrangement fosters more sharing of the childcare responsibilities between parents.
Parents’ Disadvantage: Arrangement will not work if one or both parents refuse to be flexible on issues.
Children’s Advantages: Allows children to develop a closer and stronger relationship with both parents.

Joint Physical Custody
Parenting Time: Non-Custodial parent’s parenting time on the regular schedule is usually 30-50%.
Decision-Making: Shared decisions on major/non-emergency medical care, education and childcare.
Parents’ Advantages: Arrangement allows for real parenting time from both parents, not just visitation.
Parents’ Disadvantage: Arrangement will not work if one or both parents refuse to be flexible on issues.
Children’s Advantages: Greater sense of security with the two-home approach and easier access to parents.

Sole Legal Custody
Parenting Time: Non-Custodial parent’s parenting time on the regular schedule is usually 14-18%.
Decision-Making: Custodial parent will make all minor and major decisions concerning children.
Parents’ Advantage: Parents will not have to consult on minor and major decisions concerning children.
Parents’ Disadvantage: Non-Custodial Parent - less parenting time; Custodial Parent - all responsibility.
Children’s Advantage: Children will not be caught in the middle, worrying who will make legal decisions.
Children’s Disadvantages: Children may not receive all the nurturing needed from the non-custodial parent.

Sole Physical Custody
Parenting Time: Non-Custodial parent’s parenting time on the regular schedule is usually 14-18%.
Decision-Making: Children live primarily with one parent; this parent has day-to-day responsibilities.
Parents’ Advantage: If parents do not get along, the custodial parent will make decisions for children.
Parents’ Disadvantage: Makes the non-custodial parent a visiting parent on the regular parenting schedule.
Children’s Advantage: If one parent can not provide a stable home, the children will not have to live there.
Children’s Disadvantages: Children may not receive all the nurturing needed from the non-custodial parent.

Split Custody
Parenting Time: One or more children live with one parent and one or more children live with other parent.
Decision-Making: Both parents still have/keep legal authority on major decisions concerning children.
Parents’ Advantage: Childcare responsibilities of having all the children at one time will be divided.
Children’s Advantage: Removes children from a home where they have trouble with siblings/step-parents. Children’s Disadvantage: Children may not have opportunity to resolve differences with the other siblings.

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