San Leandro, CA – Explaining the Types of Child Custody | Family Lawyer News

There are many matters to settle during a divorce.

You will need to make critical decisions regarding what will happen to your property, including the house, your cars, high-ticket items, business ventures, and other major investments, and it may not always be so clearcut what is equal and fair during the distribution process.

Determining the child custody arrangement is equally as difficult, as splitting their time between two parents may not always be realistic or may not be what’s best for the children.

Vonnah Bagner of Bagner Law, PC discusses different types of child custody to help you determine what is right for your circumstances.

Physical Custody

Physical custody is the most common type of child custody that is discussed during divorce proceedings. It’s often what people mean when they say “child custody” and do not elaborate on what they specifically mean.

This type of custody refers to where the children will physically reside. If a parent is awarded physical custody, it means the child or children will physically live with them some of or all of the time, as determined during mediation or by the court.

Legal Custody

Legal custody, on the other hand, does not involve where the children live, but instead concerns itself with decisions regarding the child’s life and/or well-being.

A parent who is awarded legal custody may not house the children, but they are legally entitled to make decisions regarding their education, religion, medical needs, and other aspects of their lives, until they turn eighteen.

Parents awarded physical custody often are awarded legal custody as well, but you do not need physical custody to retain legal custody. It is not uncommon for a parent to have legal custody of their children but never take physical custody of them.

Bird’s Nest Custody

Divorce is a trying process for all parties involved, including the children. And, as if it wasn’t bad enough that you may be forced to find a new place to live, it’s doubly hard for your children who have grown accustomed to their home, neighborhood, and school district.

Bird’s nest custody is a unique arrangement that, instead of parents trading the kids back and forth, the children trade the parents instead. One parent lives in the house with the kids for a predetermined duration, then they switch.

This is a great arrangement for the children, but often very inconvenient for the parents. Because of this, it is a rare form of child custody.

Split Custody

An equally uncommon arrangement is split custody, in which the children of a family will be divided among the parents.

In an overwhelming majority of cases, the parents and court will not want to separate the children from each other, but there could be specialty circumstances in which it might make sense.

Overall, it’s a very uncommon arrangement.

What’s Best for You?

So, what’s the best type of child custody for your circumstances?

The good news is you don’t have to figure that out without professional assistance. Instead, hire some great family law representation, such as Vonnah Bagner as Bagner Law, PC, and she will make the determination with you by carefully considering each aspect of your divorce and how you will achieve your best outcome.

Contact Bagner Law, PC today!