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Types of custody
There are two different types of custody. LEGAL Custody, and PHYSICAL custody.
The options for both are listed below in two columns.
You would agree to one option from each column..
- JOINT LEGAL CUSTODY means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. §452.375.1(2). RSMo.
- SOLE LEGAL CUSTODY means that one parent shall make all major decisions affecting the child. A statement as to why the parents cannot share joint legal custody must be provided.
- THIRD PARTY SOLE LEGAL CUSTODY means that a third party has sole legal custody of the child. This person shall make the major decisions for the child. Both parents must be unfit, unsuitable, or unable to be a custodian of the child or the welfare of the child requires that neither parent have legal custody.
- JOINT PHYSICAL CUSTODY means that each of the parents have significant but not necessarily equal periods of time during which the child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to ensure the child of frequent, continuing, and meaningful contact with both parents. 452.375.1(3). RSMo.
- SOLE PHYSICAL CUSTODY WITH VISITATION TO THE OTHER PARENT means that one parent has sole physical custody of the child and the other parent has visitation according to the schedule set forth in a Parenting Plan.
- SOLE PHYSICAL CUSTODY WITH SUPERVISED VISITATION TO THE OTHER PARENT means that it is in the best interests of the child that one parent has sole physical custody of the child and the other parent has supervised visitation as set forth in a Parenting Plan. Unsupervised visitation is not in the best interest of the child and would endanger the child’s physical health or impair their emotional development. A reason supervision is necessary must be provided, as well as the person or agency will provide the supervision.
- THIRD PARTY SOLE PHYSCIAL CUSTODY means that it is in the best interest of the child that a third party have sole physical custody of them. Both parents are unfit, unsuitable, or unable to be a custodian of the child or the welfare of the child requires that neither parent have physical custody.