Child custody arrangements can be among the most challenging parts of a divorce or separation process. Determining the best arrangement for your child requires an understanding of the different types of custody, the pros and cons of each, and how they may impact your family dynamic.

Let’s explore the various custody arrangements and provide insight to help you make an informed decision prioritizing your child’s well-being.

Types of Child Custody Arrangements

Child custody is generally divided into two primary types: legal custody and physical custody. Each of these categories can be further divided into different arrangements.

1. Legal Custody

Legal custody pertains to a parent’s authority to make significant choices about their child’s upbringing, such as education, medical care, and religious practices.

• Sole Legal Custody: One parent possesses complete decision-making power.
• Joint Legal Custody: Both parents share decision-making responsibilities.

Pros of Joint Legal Custody:

• Encourages co-parenting and shared responsibility.
• Ensures both parents have a say in important decisions.

Cons of Joint Legal Custody:

• Can lead to disagreements and conflicts.
• Requires strong communication and cooperation between parents.

Pros of Sole Legal Custody:

• Avoids conflicts between parents.
• Provides stability if one parent is unfit or unavailable.

Cons of Sole Legal Custody:

• The other parent may feel excluded.
• May cause resentment and strain relationships.

2. Physical Custody

Physical custody refers to where the child will primarily reside and how parenting time is divided.

• Sole Physical Custody: The child mainly resides with one parent, while the other parent might have visitation privileges.
• Joint Physical Custody: The child divides substantial time between both parents.  In a trial, Missouri courts require evenly divided parenting schedules (meaning an equal number of visits occurring overnight in a given year) unless a parent proves that the contact is against the child’s best interests.  Keep in mind, without evidence of child abuse or neglect, that is hard to do. 

Pros of Joint Physical Custody:

• The child maintains strong relationships with both parents.
• Parenting duties are more equally shared.

Cons of Joint Physical Custody:

• Can be disruptive for children moving between homes.
• Requires parents to live relatively close to each other.

Pros of Sole Physical Custody:

• Provides consistency and stability for the child.
• Reduces logistical challenges of frequent transitions.

Cons of Sole Physical Custody:

• The non-custodial parent may feel disconnected.
• Can place a heavier burden on the primary caregiver.

3. Other Custody Arrangements

In addition to traditional custody arrangements, some families opt for alternative setups:

• Bird’s Nest Custody: The child remains in one home while parents rotate in and out.
• Split Custody: Siblings are divided between parents.
• Third-Party Custody: A non-parent (e.g., grandparent) is granted custody.

4. Temporary Custody Orders

During the divorce or separation process, courts may issue temporary custody orders to provide stability for the child until a final decision is made. These arrangements are based on the child’s immediate needs and may later be modified based on a more permanent custody ruling.

5. Supervised Visitation

In cases where one parent has a history of substance abuse, domestic violence, or neglect, the court may order supervised visitation. This means the non-custodial parent can only visit the child in the presence of a third-party supervisor.

Pros of Supervised Visitation:

• Ensures the child’s safety.
• Allows the non-custodial parent to maintain a relationship with the child.

Cons of Supervised Visitation:

• Can be emotionally challenging for both the parent and child.
• Requires scheduling and oversight from an approved supervisor.

How to Determine the Best Custody Arrangement

Choosing the best custody arrangement depends on various factors, including the child’s needs, parental cooperation, and logistical considerations.

Factors to Consider:

• Child’s Best Interest: Courts prioritize the child’s emotional and physical well-being.
• Parental Relationship: The ability of parents to communicate and co-parent effectively.
• Stability and Routine: The importance of maintaining a consistent routine for the child.
• Parental Work Schedules: The availability of each parent to provide care.
• Age and Preferences of the Child: Older kids might influence custody choices.

Questions to Ask Yourself:

• Can we effectively co-parent and make joint decisions?
• What arrangement minimizes stress and disruption for our child?
• Are we able to live close enough to make joint custody feasible?
• Will one parent struggle with the responsibilities of sole custody?

Making Custody Decisions Work

Once an arrangement is chosen, parents must find ways to make it successful.

Tips for Successful Co-Parenting:

• Keep communication respectful and child-focused.
• Establish clear schedules and routines.
• Be flexible and willing to compromise when needed.
• Use co-parenting apps to manage schedules and communication.
• Avoid speaking negatively about the other parent in front of the child.
• Consider working with a mediator or counselor to resolve conflicts.

Bruce Galloway Law Can Help

Deciding on a child custody arrangement is a deeply personal and often complex process. Whether opting for joint custody, sole custody, or an alternative arrangement, the ultimate goal is to provide a stable and loving environment for your child.

If you are navigating a custody dispute or need legal guidance, seeking professional legal advice can ensure the best outcome for your family.

We understand that child custody matters require careful consideration and legal expertise. Our experienced family law attorneys are here to help you find the best solution for your family. Contact us today for a consultation and let us guide you through this challenging time.