Divorce And Child Custody - Types Of Child Custody Agreements

Divorce And Child Custody - Types Of Child Custody Agreements

When children are at stake in a divorce, it may complicate and delay the issuance of the divorce decree. In some cases the courtroom has become a battle field for parents who are disputing the role of the custodial parent or disputing child custody. In such cases, judges today are often ordering a child custody evaluation of the family by experts in the field of child psychiatry, psychology or mental health. The mental health experts typically evaluate the activities of each parent, the life at home, parenting skills, relationships with the child, the childs feelings and preferences and in many cases utilize psychological testing. The recommendations of the expert involved can be a basis to a custody agreement or can be rejected by the two parties letting the judge have the final say.

What are the common child custody agreements? There are numerous types of child custody agreements and there is no one size fits all child custody agreement that works for all families and children. But here are some basic sample child custody agreements that can be reached following a divorce.

First, child custody agreements can be reached regarding physical custody. Parents or judges have to determine with whom the child will live with and which parent will be allowed to be with the child. A parent can be granted sole physical custody in which the other parent will have little to no contact with the child. Sole physical or full physical custody often takes place in cases of physical abuse or a high degree of poor parenting skills by the other parent and in cases where it would be in the best interest of the child to have such an arrangement.

Legal custody typically has to do with decision making rights. Legal custody generally gives parents decision making rights regarding their childs health, education and welfare matters. As it is with physical custody, a parent can also be denied the right to legal custody and on those decisions if the other parent obtains sole legal custody. Further, parents can also agree or be awarded joint legal custody. Absent a showing of detriment to the child, joint legal custody is often granted to the parents.

Common child custody agreements can be worked out in a parenting plan and can be ordered by the court or agreed to by the parents. These child custody agreements generally address legal custody issues such as the health, education and welfare of the child and physical custody issues such as with whom the child will live with and how often the child will have contact with each parent.

2007 Child Custody Coach