There's a sinking feeling in the pit of your stomach.

You look at the papers and feel your heartbreak as you realize you're about to join the 40% to 50% of Americans who become divorced. As if that's not hard enough, you have to think about your children.

What will you tell them? What will you do about custody? Are you going to lose your kids?

Before making such a weighty decision, you need to know all your options. Keep reading to understand the varied types of custody to consider in your divorce proceedings. Click this link to learn more about different types of custody arrangements.

Physical Custody

Physical custody entails a parent having the right to live with the child post-divorce. In certain states, parents can have joint physical or sole physical custody.

1. Joint Physical Custody

In joint physical custody, the child lives with one parent for an amount of time before living with the other parent for an approximately equal amount of time.

However, it's not automatic that the time the child lives with each parent will be equal. There is a 35% to 45% minimum time requirement for each parent to live with the child in some states.

Some couples have trouble determining the split, and the court sometimes intervenes to lay out a schedule.

Studies show that joint child custody helps children adjust better. As a result, some states prefer this type of custodial arrangement. In such instances, the court's default will be to award joint custody unless there is compelling evidence why it shouldn't do so. 

2. Sole Physical Custody

Sole physical custody is where the child lives with one parent. The parent living with the child is known as the custodial parent. In such scenarios, the non-custodial parent will receive visitation rights.

As part of the visitation rights, the custodial parent can't prevent the other parent from seeing the child. On the other hand, the non-custodial parent has no right to refuse to return the child.

If the parents interfere with the visitation right, some states can take that to be a material issue that calls for modification of child custody. In some states, violating visitation rights can become a criminal offense.

Sole physical custody is typically common where there is a high degree of conflict between the parents. It's also awarded if one parent lives too far away, and it's vital that the child lives in one location for stability. 

Legal Custody

Legal custody refers to the right (and obligation) to make decisions concerning the child's upbringing. Just like physical custody, there are two types of this custodial arrangement. 

1. Joint Legal Custody

Under joint legal custody, both parents get the right and obligation to make decisions concerning their child's upbringing. It's possible to have joint legal custody without having to split joint physical custody.

When one parent excludes the other from the decision-making under joint legal custody, the aggrieved parent can take the matter to court and request the judge enforce the custodial arrangement.

If one parent believes that it is impossible to share joint legal custody, they can go back to court and seek to end it.

However, most courts prefer joint legal custody by nature, and such a parent will have to make a convincing case as to why the arrangement isn't viable anymore. 

2. Sole Legal Custody

In sole legal custody, only one parent has the right and obligation to make decisions on the child's behalf.

The court will often grant this type of custodial arrangement if the parents prove they can't work together to bring the child up. The judge will give sole legal custody to avoid such couples coming back to court for every minor issue between them. 

3. Bird's Nest Custody

Though not as popular as other custodial options, bird's nest custody has been gaining traction in recent times. Under this arrangement, the child of marriage lives in a residence, and the parents take turns coming to live with them.

Bird's nest custody aims to eliminate shuttling the child back and forth. It's the parents who do the moving back and forth to promote the child's stability. The court will typically not agree to this arrangement without the consent of both parties. 

Non-Parental Custody

In unique situations, people other than the child's parents will seek to take custody. Some states will refer to this type of arrangement as guardianship and not custody.

To initiate this type of custody, the interested party has first to file a petition in court. There are applicable fees the petitioner also needs to pay, and where possible, file a letter of content from the child's parents.

Once this is done, the court will conduct a thorough background check on the petitioner, run home inspections, and set up some interviews. Once all this information is at hand, the court will decide with the child's best interests in mind. 

Deciding on a Custody Agreement

Even though there are different custody arrangements, there is a formula through which the child custody decision is made.

The easiest and most efficient route is through private negotiations between the parents. Parents can choose to discuss their options among various child custody arrangements and come to an agreement.

During private negotiations, parents can elect whether to involve attorneys or not.

In situations where parents can't reach a mutual agreement privately but don't want to head to court, mediation comes into play. Here, a third party helps the parents have a structured discussion on the issue.

The mediator will explain how the process works, collaboratively set the agenda with the parents. Once there is an agreed arrangement, the mediator prepares the documents for the court to finalize.

If all else fails, parents can head to family court. The state will use principles behind the best interests of the child to determine the ideal custody option. 

Understand the Different Types of Custody Available for You

No one gets married, angling for a divorce. However, when the unthinkable occurs, and your marriage ends, you need to care for your child. If you don't, they could become the unwitting victims of the divorce.

Seek legal guidance on the types of custody available to determine what can work best for your child's stability and future.

Divorce is never easy, and without proper guidance, you'll potentially make poor choices. Talk to us today to learn the best option for your children to minimize any adverse impact on them from the divorce proceedings.