Child custody is a vast topic. When you start researching the many ins and outs of child custody, you might feel lost because there are so many legal and professional terms.

Despite that, a solid understanding of the specifics is crucial for parents dealing with a child custody agreement Alberta dispute.

Learn about different forms of child custody arrangement below.

1. Table of Contents

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   Physical custody

This form of custody determines which parent the child spends most of the day with. There are two types of physical custody:

Sole physical custody

When a child mainly resides with one parent, that parent has sole physical custody. Then they will be the “custodial parent.”

The second parent is referred to as the “non-custodial” parent. In exceptional cases, the non-custodial parent will typically be given visitation or parenting time with their child.

Joint physical custody

A child might spend a significant amount of time living with both parents—it is referred to as joint physical custody.

Interestingly, joint custody may appear to be the fairest arrangement for both parents. But this is not always the case for the child.

If joint physical custody is decided, the kids will be moved between parents regularly. Now, parents usually share legal custody of their children, regardless of the parenting schedule. How does legal custody differ from physical custody, then?

1. Legal custody

Physical and legal custody are different. Legal custody dictates which parent has the right to decide about the child’s upbringing, similar to how physical custody affects where the child resides.

A child’s upbringing includes education, healthcare, and religious instruction. But there are two kinds of legal custody as well as physical custody, namely:

Sole legal custody

When one parent has custody of a child, this arrangement is known as sole custody. Additionally, one parent can exercise complete control when they have sole legal custody.

Joint legal custody

Both parents can make decisions in this arrangement, thanks to joint legal custody. In other words, when they have joint legal custody, both parents are given the legal right to participate in the child’s major decisions.

For example – education, religion, and health care decisions.

Full custody

One parent with legal custody and sole physical of their child is referred to as having full custody. The other parent will most likely still have the right to visitation.

When one of the following scenarios occurs, one parent may be given full custody:

• Disputed boundaries such as house extension
• The court considers the other parent unfit to raise a child because they have found them either imprisoned or have a criminal history.
• The parent has a history of abuse and neglect.
• One parent is now incapable due to illness, disability, or another factor

It’s possible that you and your soon-to-be ex-spouse have a terrible relationship. But unless the other parent directly harms the children, it’s best to hold off on asking for full custody.

Joint custody

Joint custody is a situation where both parents have some control over different aspects of their children’s lives. Three other arrangements are available for joint custody:

Physical joint custody

Custody of the child is shared here. Also, it will be awarded when both parents spend a lot of time with the child.

Legal joint custody

A situation where both parents decide the child’s upbringing.

Joint physical and legal custody

The court will approve shared physical custody when both legal and physical custody is shared. Once again, that means—both parents and the child spend a lot of time together physically. The child’s upbringing is also decided upon jointly by both parents.

How is child custody determined?

Your child’s best interests must come first in determining who gets custody. Judges consider the following 13 factors mainly when deciding about custody:

1. Ages of children
2. The children’s needs
3. Each parent’s capability to provide for the needs of the kids
4. Children’s interactions with each parent
5. The children’s and other family members’ relationship
6. Maintaining stability in the lives of children
7. The physical and mental well-being of kids
8. The parent seeking custody’s physical and mental well-being
9. The amount of free time each parent has to spend with the kids
10. Whether the parental lifestyles have an immediate effect on the children
11. The situation of the brothers and sisters and, if at all possible, keeping all the kids together
12. The eagerness of each parent to foster a positive relationship between their children and the other parent
13. The children’s preferences

Final notes

Child custody is one of the most critical legal issues during separation, as it determines how much of an impact you’ll have on your child’s life. And, as responsible parents, you should not deny involvement in decisions regarding their child’s upbringing unless there’s any serious issue.