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Custody

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The term custody can be confusing as it can refer to physical custody or legal custody. One must be clear about exactly what is meant by custody.

Physical custody: The disposition (physical allocation) of the children of the marriage.

Sole physical custody: A term used to describe an arrangement in which one parent has the children residing primarily with him or her. That parent will normally receive child support.

Joint physical custody or shared custody: A term used to describe an arrangement in which both parents have near-equal custody of the children (that is, the children reside approximately half the time with one parent and the other half of the time with the other parent). Both parties are equally responsible for the costs involved in the care and nurturing of the children.

Split custody: Indicates that the children of the marriage are split between the parents. One parent may have sole physical custody of one or more children, while the other parent has sole physical custody of the rest. Child support payments, in these instances, may be very complicated. It is highly advised that you get legal counsel.

Legal custody or guardianship: Terms used to indicate the person who has the right to give legal permission regarding a child’s health, education, welfare, and mobility.

Joint guardianship: An arrangement in which both parents are guardians. In such a case, should one parent die, the child will automatically live with the other parent. Both parents must agree on things affecting the child’s health, education, and welfare when both are guardians.

Sole guardianship: An arrangement in which only one parent is legally recognized as the guardian of the child. That parent can designate who, upon his or her death, becomes the guardian of the minor child. The parent who has sole guardianship can also make decisions on where to live and what is best for the child without having to obtain the other parent’s permission.

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