Divorce is an unfortunate event for anyone. It is messy, frustrating, and most often requires a lawyer. Once you add children to the mix, it becomes even worse. Determining custody is a fierce battle, and it rips families further apart. Courts have a tough time trying to decide who will receive custody. They try to take the child’s choice into account, but also try to place the child with the parent that is in the child’s best interest. Below, we have broken out the different types of custody to help you understand just exactly what you are getting into. Remember that there is both legal custody and physical custody, meaning, the right to make decisions for your child as well as the right to have your children live with you.
Temporary Child Custody
During the divorce process, one parent is awarded temporary custody of the children. They receive full custody rights until the courts decide otherwise. The other party can obtain limited visitation, although it is difficult to do during the divorce process.
Joint Child Custody
Joint Child Custody, or Joint Managing Conservatorship (JMC), is when both parties are awarded rights to make decisions concerning the children. This is only given if both parents are able to fulfill their duties to take care of the children. One parent will be the “Primary” JMC, who decides where the child lives, and obtains child support from the other party.
Sole Child Custody
Sole Managing Conservatorship (SMC), or Sole Child Custody puts the decision making and physical custody in the hands of one parent. It does not mean that the other parent cannot visit their child — unless the court rules that due to abuse or criminal activity, they should not see their child.
Third Party Child Custody
If neither party is determined to be in the child’s best interests, custody is sometimes given to grandparents or other close relatives. This is rare, but it does happen.
Custodial Visitation
Typically, the custodial parent determines visitation rights for the other parent. The court does have the power to overturn any visitation arrangements if legal hearings are held. If a child’s well being is at risk, due to one parent being abusive, or suffers from a mental illness, visitation rights can be revoked.
Separating Children
Sometimes, the court will decide to separate the children and decide which parent is a better fit for each child. Luckily, this does not happen often and children are kept together in most cases.