What Does Permanent Custody Mean?

By Ciele Edwards

One of the biggest issues couples with children face during a divorce is who gets custody of the children. Many states have adopted gender-neutral custody laws. This negates the age-old “tender years” doctrine, which dictated that the mother is generally the party best suited to provide permanent care for young children. Because gender is no longer a factor in most custody disputes, courts must examine other aspects of each parent's life when settling custody disagreements.

Permanent Custody

Permanent custody is the indefinite result of a custody hearing. Permanent custody differs from temporary custody in that an individual with temporary custody only has custody of the child until the court reaches a permanent decision regarding which parent is best suited to provide the bulk of the child's care. Any custody arrangement indefinitely approved by a court falls under the category of “permanent” custody. Permanent custody differs from permanent guardianship in that an individual who has permanent guardianship of a child is not the child's natural parent. Permanent guardianship situations often occur when both parents die or are considered “unfit” by the court.

Sole Custody

Individuals sometimes confuse sole custody with permanent custody. Although sole custody is a form of permanent custody, a parent with permanent custody does not always possess the same freedoms that a parent with sole custody enjoys. A parent with sole custody has full physical and legal rights to the child. This parent can make major legal decisions for the child without consulting with the non-custodial parent. A parent with permanent custody, however, may still need to obtain the non-custodial parent's permission when making major legal decisions for the child, such as changing schools, obtaining a passport or changing the child's name.

Divorce is never easy, but we can help. Learn More

Misconceptions

Permanent custody isn't always permanent. Although a parent with permanent custody serves as the child's indefinite guardian, the non-custodial parent has the right to file a request with the court to alter the current custody arrangement should the family's circumstances change. For example, if the non-custodial parent suspects that the parent with permanent custody is abusing the child, he may file a request with the court for a new custody hearing.

Types of Custody

A judge has several options when determining permanent custody arrangements. He could grant one parent sole custody, or give both parents equal rights to the child through joint custody. Joint custody can be either physical or legal. If the judge orders joint legal custody, the child will reside primarily with one parent while the other has equal rights over all major decisions regarding the child. If a judge orders joint physical custody, the child must split her time equally between both parents. Any of these custody arrangements can constitute “permanent” custody.

Determining Custody

When assigning permanent custody, a judge examines various aspects of each parent's life to determine which parent's home and lifestyle are best suited for child rearing. According to the Interdisciplinary Journal of Applied Family Studies, judges consider such factors as the bond the child shares with each parent, which parent is most likely to help the child maintain a positive relationship with the other parent and, if the child is old enough, the child's wishes.

Divorce is never easy, but we can help. Learn More
California Laws on Teenage Custody Wishes
 

References

Resources

Related articles

Child Custody Laws for North Carolina

Custody includes both physical custody, the right to provide a home for a child, and legal custody, the right to make decisions regarding a child's day-to-day care. In North Carolina, parents have an equal right to custody regardless of gender. The state's custody laws set forth the procedure a court must use when issuing or modifying a custody order.

The Rights & Responsibilities of a Temporary Guardian in Arkansas

A temporary guardian is a person appointed by the court to play the legal role of a child's parent, when parents are unable to do so. A court may appoint a temporary guardian when a parent is incarcerated, temporarily too ill to care for the child or after a parent dies. In Arkansas, guardians have many of the same rights and responsibilities of parents. The guardian must relinquish the child to the parent at the end of the term of guardianship if the order of guardianship orders her to do so.

How to Determine Who Will Win Child Custody

Child custody laws vary from state to state. Likewise, different jurisdictions have different preferences and guidelines for how to divide custody between divorcing parents. That said, mothers and fathers both have equal rights to obtain custody of their children. Courts will generally not assume that the child will fare better with a particular parent based on that parent’s sex. Likewise, either parent can file a motion for custody, either during a divorce or after a court has entered a custody order.

Get Divorced Online

Related articles

Filing for Physical Custody in Virginia

Both parents and Virginia courts are primarily concerned with what is in the best interests of the child in a divorce ...

What Is a "Change in Circumstances" in a Custody Case?

Whether the case is concerning an original custody order or a custody modification, courts in every state are primarily ...

What Gives You the Upper Hand for Custody?

Although each stage of a divorce can involve conflict, custody disputes have the potential to become the most ...

Is Legal Guardianship the Same as a Custodial Parent in Ohio?

A grandparent or another caregiver who has taken responsibility for raising a child may seek a formal arrangement from ...

Browse by category
Ready to Begin? GET STARTED