HudsonLawGroup > Family Law > Custody

There are two types of child custody in America:

• Physical

• Legal

Each has its own responsibilities as a guardian concerning the child.

Physical custody

In this case, the guardian must live with the child constantly and take care of him. That is, he is responsible for the physical comfort and condition of the child.

Types of physical custody:

• Single-handed — only one of the parents lives with the child permanently. The second can visit him if the court does not forbid it.

• Joint — in this case, both parents must live with the child for an equal amount of time.

Legal custody

It gives the right to make the most important decisions concerning the child — for example, his religious upbringing, medical care, education, childcare.

Types of legal custody:

• Individual — only one of the parents can make the most important decisions mentioned above.

• Joint — both parents make these decisions together, regardless of which of them lives with the child.

In America, courts are trying to ensure that as many couples are divorcing as possible decide on joint custody. But still, this does not succeed as often as we would like. Cases of registration of single guardianship remain the most frequent. That is, the child will have one physical guardian with whom he will live permanently. The second parent can come to the child but only based on a clear schedule approved by the court.

The main factor is taking into account, first of all, the interests of the child. The judge will allow the second parent to visit only if it does not harm the children’s psyche.