When it comes to child custody cases, the possible outcomes vary. Different court orders may entail different requirements for each parent. At the core, a child custody case will determine whom will have the legal right be the guardian of the child. Let’s review some of the possible outcomes in these type of cases and what they may mean for you.
Child Custody Possible Outcomes
There are two types of custody that these cases address:
- Legal Custody
- Physical Custody
This deals with the decisions on where the child will attend school, receive medical care, as well as similar topics involving the child’s care.
This involves where a child be will living.
The decisions on legal and physical custody are made separate from each other. This allows for one parent to have sole custody of the child or have joint custody with the other parent. With that being said, there are actually four potential outcomes of a child custody case including:
- One of the parents receives physical and legal custody (also known as sole custody)
- A parent receives physical custody and shares legal custody with the other parent
- One of the parents receives legal custody and shares physical custody (this is not as common)
- Both of the parents share both legal and physical custody
More often than not, the common outcome is that either both parents will share legal and physical custody, or one parent receives physical custody and will share legal custody. The reason for this is that a judge will always consider what is in the best interest of the child. This often means having both of the parents involved in caring for the child.
However, sharing joint custody does not always work out in some cases. This is because it requires for the parents to get along well enough in order to make decisions for the well-being of the child. If this is not possible, a joint option becomes much more difficult to establish.
What is Sole Custody and How Does it Work?
Simply put, a parent receiving sole custody has exclusive physical and legal custody rights concerning the child. However, even in these cases, the other parent (also known as the non-custodial parent) does have some rights. For instance, the parent does usually have the right to see their child. This is commonly known as visitation. During this time, the non-custodial parent may make decisions about food to eat or other activities during the visitation time period.
How to Set Up a Visitation Schedule
Generally, a judge will prefer that the parents involved work out the specifics on their own. However, the courts can also set the visitation schedule for the parents to follow if need be.
If parents are able to cooperate with one another, a judge may order what is called, reasonable visitation. This simply means that an amount of time is granted that is seen as fair in order for the child to bond with their non-custodial parent. Parents will need to work on the specifics together.
When parents are not able to work together on an agreed schedule, specific visitation times may be set by the court. For instance, a judge may order that the child be with their non-custodial parent on certain evenings, certain holidays, or every other weekend.
It’s important to understand though that if a non-custodial parent has an inability to care for their child, this will affect visitation. If the court finds this to be an issue, they may only allow supervised visitation. In this case, a second adult, who is not the other parent, would need to accompany the parent during visitation.
It is also important to note that child support and visitation are two different legal issues. If a parent was awarded custody of their child, they cannot deny visitation of the non-custodial parent simply because they did not make a child support payment.
How Does Joint Custody Work?
When cooperation between parents is possible, this option provides the most equal division. From upbringing, to other major decisions in the child’s life, the parents involved will need to agree. In the event parents cannot come to agreement on issues involving the child, custody agreements from the court may call for mediation in effort to come to a solution.
In a joint case, both parents will have the opportunity to spend a good amount of time with the child. Usually this means that the child will move from one parents house to another from time to time. Depending on the parent’s schedules, this may mean equal time spent with each parent or not.
A Child Custody Attorney You Can Count On
If you are involved in a similar case, our hope is that you can resolve it peacefully. But if you can’t, we are here to help. Our firm has a wealth of experience and knowledge that can help you achieve a positive outcome in your situation as well as help you understand your rights as a parent. For a free consultation, please contact us. We are here, for you.
