What are the 5 Types of Custody?

When it comes to the custody of children, it can be tricky to decide which type of custody is in the child’s best interest. There are various situations where custody of a child can come into question.

Custody hearings can be harrowing experiences for all parties. A skilled family law attorney can help you to navigate this process. Our legal team at The Rosenblum Allen Law Firm has the skills and know-how to help make the process as painless as possible.

Note: It might be helpful for you to visit child custody questions to get answers to your questions not covered in this post.

What are the 5 types of custody?

So what are the 5 types of custody in Nevada? Custody falls into five categories: legal, physical, sole, primary, and joint. Some custody rulings may also feature a combination of these types.

There may also be situations where one parent has sole physical custody of the child. One parent is not allowed any visitation in those situations. There can also be situations where another relative gets awarded custody.

Often parents can agree on what type of custody works best for them and their children. In this case, there is no need for input from the court. Yet, if there is a dispute, the court will decide the best situation for the child.

Let’s look at each of these types of custody.

Legal Custody

Legal custody means that one parent has the right to make essential decisions in the child’s life. These major decisions may include, but are not limited to:

  • What religion the child will practice
  • What medical treatments the child will receive

Physical Custody

Physical custody refers to where the child lives most of the time. If a child spends more than 60% of their time with one parent, that parent gets awarded primary custody. If the other parent has the child for at least 40% of the time, parents have joint physical custody.

Often the parent with primary physical custody will have preference when making certain legal custody decisions regarding the child.

Sole Custody

When a parent has sole custody of a child, it means the other parent may not have the ability to make decisions or see the child. Sole legal custody means only one parent makes certain decisions for the child like what school the child will attend, what medical care the child will receive, or what religion the child will practice. Sole physical custody means that the non-custodial parent has limited or even no right to visit the child. It is important to keep in mind that receiving sole custody, in any case, is extremely rare.

Joint Custody

Often joint custody gets awarded to both parents. In most situations, this is ideal as having both parents in their life is vital to a child’s development.

In joint custody arrangement rulings, both parents have shared legal and physical custody. Usually, joint legal custody requires good cooperation and co-parenting between parents.

Primary Custody

In some circumstances, a parent may be awarded primary physical custody of a child or be considered the primary decision maker for the child. In Nevada, a parent who has more than 60% of the time with the child is considered the child’s primary physical custodian.

In some circumstances, a parent may be made the primary decision-maker for the child. For example, if a child is doing poorly in school during the other parent’s custodial time, the Court may designate one parent to be primarily responsible for the child’s education.

The legal wrangling of custody trials can be difficult and stressful. Our family law attorneys are ready to help you.

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