What are the four types of child custody?
4 minute read
Date Published - July 19th 2022
Date Updated - May 13th 2024
4 minute read
Date Published - July 19th 2022
Date Updated - May 13th 2024
When the parents of a child separate or divorce, one of the most crucial aspects is agreeing on the arrangements, including where the child will live, how much time they'll spend with each parent and who’ll pay for any necessary financial support.
Facing custody arrangements can be an incredibly stressful time, so it’s important to understand what types of child custody are available. At GloverPriest, our expert Family Law Solicitors understand it can be a scary time - that’s why we’re outlining the four types of child custody so you know what to expect.
Child custody is the legal term that describes which parent(s) will gain the rights of responsibility for their child, including who they’ll live with and who will make decisions that relate to raising the child.
In the UK, these are now referred to as “Child Arrangement Orders”, and are only usually applicable to those under 18.
There are four types of child custody in the UK:
Legal custody involves making decisions that will have far-reaching effects on the child’s upbringing. This includes decisions relating to the child’s education, healthcare, and religion.
If only one parent is entitled to make these decisions, that parent will have sole legal custody. If both parents are entitled to be involved in making these decisions, the parents will have joint legal custody, meaning both parents will make all key decisions together.
Physical custody relates to which parent the child will physically live with on a daily basis. It’s further split into two categories - sole physical custody or joint physical custody.
If sole physical custody is granted to a parent, they’ll be known as the ‘custodial parent’, but this doesn’t mean the other parent won’t be able to see the child. Visitations will usually be arranged unless there’s a reason this wouldn’t be beneficial to the child.
Joint physical custody, on the other hand, will involve the child moving back and forth between their parent's homes. Although this seems like the fairest option, because this can be quite disruptive for the child it’s not always considered the best option.
Sole custody (sometimes referred to as ‘Full Custody’) is where only one parent has both physical and legal custody of the child. In England and Wales, the mother and father usually have equal rights over a child.
It is only in exceptional circumstances that sole custody will be awarded, for instance where the other parent:
It’s important to remember that, because both the mother and father have equal rights in England and Wales, the court would always prefer to have both parents involved in the upbringing of the child unless they believe sole custody would truly be in the child’s best interest.
Joint custody can be in the form of joint legal custody, joint physical custody, or even both joint legal and physical custody, where both parents are involved in all aspects of the child’s life.
While such arrangements are fair to parents, joint custody is often only feasible and beneficial to the child when the parents are amicable. If an agreement can’t be reached between the parents, the court will implement an agreement on their behalf.
The primary consideration for judges in the UK is the best interests of the child, regardless of what the parents want.
Other considerations may include determining who the primary caregiver is when they examine their parenting history, the parents’ personality, and their temperament.
Additionally, the child’s physical, mental and emotional needs, and the child’s preferences (if they are around 12 years of age and capable of understanding the situation) will be taken into consideration.
Judges will examine these factors meticulously to make sure the child custody order would be the most beneficial to the child’s wellbeing.
When parents refer to ‘full custody’, they’re most likely looking to get a Child Arrangement Order that says the child will only live with them.
It’s incredibly important to remember, however, that unless there are convincing reasons why the other parent shouldn’t spend time with their child, the court will most likely arrange visitations (if it's safe and in the child’s best interest).
It is sometimes possible to arrange sole custody of a child if your ex-partner agrees that it’s in the child’s best interest. This is often done through an alternative dispute resolution process, such as mediation.
At GloverPriest, our Family Law team are extremely professional, sensitive and responsive to the needs of each and every one of our clients.
In some areas of family law, we offer an introductory consultation with an expert member of our legal team. This meeting is free and designed for you to get to know our firm and your solicitor and to discuss your case in further detail.
If you would like further help on child arrangements, please don’t hesitate to speak to one of our expert family lawyers today. Complete our enquiry form.
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