
Custody Arrangements FAQ
From the Nolo.com Divorce & Child Custody Center
Frequently asked questions explaining options for
child custody.
Does custody always go to just one parent?
No. Courts frequently award at least some aspects of custody to both
parents, called "joint custody." Joint custody usually takes
at least one of three forms:
- joint physical custody (children spend a relatively equal amount of
time with each parent)
- joint legal custody (medical, educational, religious and other decisions
about the children are shared), or
- both joint legal and joint physical custody.
In every state, courts are willing to order joint legal custody, but
about half the states are reluctant to order joint physical custody unless
both parents agree to it and they appear to be sufficiently able to communicate
and cooperate with each other. In New Mexico and New Hampshire, courts
are required to award joint custody except where the children's best interests
-- or a parent's health or safety -- would be compromised. Many other
states expressly allow their courts to order joint custody even if one
parent objects to such an arrangement.
Can someone other than the parents have physical or legal custody?
Sometimes neither parent can suitably assume custody of the children,
perhaps because of a substance abuse or mental health problem. In these
situations, others may be granted custody of the children or given a temporary
guardianship or foster care arrangement by a court.
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