What are the differences between temporary, joint, and sole custody?

The term custody refers to the right to make decisions on behalf of a child. The areas include school enrolment, education programs, religion, and medical care.

The term custody does not indicate where the child of the marriage resides, or with whom they spend more time with. As such, a child may spend equal amounts of time with each parent, however only one may have custody over the child. Additionally, a child may live with only one parent, however both may have custodial rights over the child.

Temporary custody deals with who will be granted temporary custody over the children in question during the interim period (where the decisions regarding custody are still being negotiated and have yet to be determined by the court). Temporary custody is enforced until the couple either comes to a consensus on the custody of the children on their own, or when a judge makes a determination on the matter.

Usually, the parent who is granted temporary custody is given an advantage when establishing final custody orders, as most judges do not like to disturb the living arrangements that the child has become used to during the period of separation.

Sole custody means that one parent has the right to make all major decisions on behalf of the child.

Joint custody means that both parents have equal rights when making decisions that affect the children of the marriage. This means that both parents need to come to an agreement in order to make such decisions.

In the event that the courts do not feel as though the parents will be able to co-operate with one another and work together in order to make these decisions, they are more likely to grant sole custody to a parent rather than joint custody.

For more information about custody and child-related issues, contact Krol & Krol at 905.707.3370.