Child Custody Laws: Child Custody Types, Schedules, and Agreements

Child custody types in the United States include two categories. Parents can have physical or legal custody (or both) over a child. Parents can also have joint or sole custody of a child. These two categories can be combined. For example, you might hear the terms “joint physical custody,” or “sole legal custody.”

Physical Custody vs. Legal Custody

Parents can have physical and/or legal custody of a child. Physical custody is when parents share in the care and control of the child, which includes where they live most of the time. Legal custody refers to making decisions about a child's important life events like school or healthcare.

Joint Custody vs. Sole Custody

Parents can also have joint or sole custody of a child. Joint custody is when both parents share physical custody and legal decision-making about the child. With sole custody, only one parent has these rights. These terms may refer to either physical or legal custody.

Even if one parent has sole custody of a child, the other parent is often given visitation rights. This may include occasionally sleeping over at the non-custodial parent’s house. In very extreme cases of neglect or abuse, one parent may be barred from visiting their child.

Child Custody vs. Guardianship

Child custody refers to a parent’s rights and obligations to a child. Non-parents are sometimes granted guardianship, such as when parents are no longer able to care for their children. A guardian is often a relative or friend of the child’s parents, such as a grandparent.

Child Custody vs. Conservatorship

In Texas law, child custody is referred to as conservatorship. This concept is basically the same as child custody in other states. The types of conservatorship are similar to the types of child custody, such as joint or sole conservatorship.

If you and your co-parent have joint custody over a child, you will likely need a child custody schedule in place. A child custody schedule lays out the days and times that each parent is permitted to care for the child. These schedules can be as flexible or as rigid as necessary. Parents who find it difficult to communicate with one another may benefit from a rigid schedule.

If you and your co-parent cannot agree on a child custody schedule, you may go to court or mediation. A family court judge or mediator will work with the family to create a schedule. These institutions will take into account input from both parents when making or approving a child custody schedule. They also take into account children’s preferences, especially with older children.

Child Custody Schedules and Age

The ideal child custody schedule often depends on the child’s age. Usually, younger children like infants and toddlers need frequent interaction with both parents. This helps a child form trusting relationships with both parents. For older children and teenagers, custody schedules will need to account for school and extracurricular activities. A child’s personal preferences should also be taken into account, and these preferences may change over time.

If your child custody schedule was put in place through a court order, you may need to request a modification to make changes. If both parents agree on a change, a court will probably approve the change.

Common Child Custody Schedules

Child custody schedules are often referred to in terms of percentages of time. For example, if both parents are to receive equal time with their child, this type of schedule is known as 50/50 child custody. Other common schedules include 60/40, 70/30, and 80/20 child custody.

In addition to the amount of time each parent will receive, the parents must decide how to allocate their time. For example, a 50/50 child custody schedule could be achieved by alternating full weeks, or every two weeks, etc. A child custody schedule should also address which parent will have a child on holidays and birthdays.

A child custody agreement is an agreement signed by both parents that covers which parent receives physical and legal custody of a child. It also includes a child custody schedule, which can be flexible or rigid. But an agreement can also cover additional issues related to the child’s wellbeing. For example, a child custody agreement might prohibit exposure to second-hand smoke.

Child Custody and Religion

Parents can agree to raise a child in one or more religions. If the parents cannot agree and the issue must be taken to court, a court will typically not prefer one religion over another. In cases of sole legal custody, the parent with custody will determine the child’s religion, if any.

Child Custody and Living with a New Partner

Another common issue in child custody cases arises when one parent beings living with a new girlfriend, boyfriend, or roommate. If a child custody case ends up in court, a family court judge will take this factor into account. If a court determines that the new living arrangement is disruptive to the child’s life, this could influence the court’s decision about whether one parent should receive sole custody of a child. It may also impact child custody scheduling decisions.

If you are in the middle of a child custody dispute or have conflicted with your co-parent about custody in the past, it may be best to avoid changing your living arrangements until your child is older.

Child Custody and Moving Out of State

In cases of sole physical custody, the parent with custody can usually move out of state unless their co-parent can demonstrate that the move will be bad for the child. In joint custody cases where the parents disagree on a move, a court will hear both parents’ arguments about whether the move will benefit the child.

This may depend on your state and whether you have a child custody agreement in place. For example, in Texas, child custody agreements often prohibit moving out of state without permission. However, if you do not have a child custody agreement, one parent may relocate with a child without seeking permission.

If your co-parent moves out of state with your child against your wishes, you may be able to seek relief from a court if you act within six months. After six months, the new state will become the child’s “home state.”

Conclusion

If you are going through a child custody case, it is important to know all your options. You should know about the basic types of child custody, and what issues you and your co-parent will need to address. If you need more information or advice about your specific circumstances, you should seek the assistance of a family law attorney.