Understanding Custody
Temporary Custody - "De facto" (means "in fact") custody refers to who actually has custody of the child at this time. This can be different from "court ordered custody". In order to formalize custody before you begin litigation, you will need to file for temporary custody. Temporary custody will be based on the "best interests" of the child standard. It is not an "initial" award of custody. Instead it is temporary custody while you wait for the court to hold a hearing.
Sole Custody - Sole Custody is when both legal and physical custody are given to one parent. The child has only one primary residence. Custody is made up of: legal custody and physical custody.
A person with legal custody has the right to make plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare.
A person with physical custody has the child living primarily with them and they have the right to make decisions as to the child's everyday needs.
Split Custody - Split custody most often refers to a situation where there are two children and each parent obtains full physical custody over one child. Some of the considerations that may bring about this result are age of the children and child preference.
Joint Custody - The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If you are constantly fighting over what religion or what school, the court may strike down your agreement. Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination.
Joint Legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence.
In Shared Physical Custody the child has two residences, spending at least 35% of their time with the other parent.
Additionally, you can make your own special joint custody agreement that is any combination of Shared Physical and Joint Legal Custody. One example of this is when there is one residence for the child and the parents live with the child there on a rotating basis.