Understanding the Types of Custody
Confused about custody?
You’re not alone! Understanding types of custody can help you communicate your goals more clearly in custody discussions or court proceedings.
As a family law attorney in North Carolina, I often hear clients misuse or misunderstand legal terms. I also often hear terms that aren’t correct in North Carolina. I hope this series of posts will help clear up some confusion and make it easier for you to communicate effectively with your attorney about your goals and options.
Legal Custody is…
…the right and responsibility to make major decisions about your child's upbringing. These decisions typically include choices about education, non-emergency medical care, extracurricular activities, and religious upbringing.
Joint Legal Custody
Both parents share decision-making responsibilities. This is common and encourages both parents to be involved in important choices for their child. In most situations, the court will assume that joint legal custody is best for your child unless evidence proves otherwise.
Sole Legal Custody
One parent has the right to make major decisions without consulting the other parent, or the right to make major decisions after consulting the other parent if the parents are unable to agree on a decision. This is less common and usually only awarded if the court determines the parents are not realistically able to make major decisions together for some reason, or if there are serious issues like abuse or neglect.
Physical Custody is…
…where the child lives, the custody schedule, and which parent is responsible for the child's day-to-day care. In North Carolina, physical custody arrangements can include several options.
Shared Physical Custody
The child spends significant time living with both parents. This doesn't have to be an exact 50/50 split, but both parents have substantial custodial time. This is often the court's starting position, but not always.
Primary Physical Custody
The child lives mainly with one parent, while the other parent has periods of secondary physical custody.
Sole physical custody
The child lives with one parent, and the other parent may or may not have visitation rights.
Understanding custody terms makes everything easier.
In North Carolina, the terms of both legal and physical custody are typically outlined in a parenting plan or a custody order. These documents detail how decisions will be made and when the child will be with each parent. Understanding the difference between legal and physical custody can help you communicate your goals more clearly in custody discussions or court proceedings.
If the parents can agree on the issue of custody rather than needing the court to decide, the parents are generally able to choose whatever legal and physical custody arrangement they want.
Wondering about Full Custody?
Full custody is a term I often hear clients use, but it has no legal meaning in North Carolina.
This term can mean very different things to different people. Some refer to sole legal custody, some to sole physical custody, and some to both. To avoid any misunderstanding, it's best not to use this term at all.
About the Author:
David M. Hudson is a NC Board Certified Specialist in Family Law. David enjoys getting to know new clients and learning the particulars of their individual circumstances so that he can better understand what they want and need from him. Maintaining close relationships and regular communication with his clients is key to David’s practice. David collaborates with his clients in goal setting and then works cooperatively with the clients to achieve the goals set.
Disclaimer: All information provided herein is for informational purposes only, and nothing should be taken as legal advice or opinion. All information relates to North Carolina law only. Family law can differ significantly from state to state.