There are two types of custody: Legal Custody and Physical Custody.

Legal Custody refers to the privilege of making major decisions in the best interest of the child, particularly concerning education, medical, and religious decisions.

Physical Custody refers to the day-to-day actual physical location of where the child is and who is caring for the child.

Both of these types of custody could be awarded to one parent solely, both parents jointly, or to neither parent (i.e. a third party). There are many gradations in between and the Court could grant shared physical custody but favor one parent over the other in terms of time with the child given to each parent. Cases involving custody to someone other than a parent (i.e. a third party) can be very difficult and there is a presumption that a child’s welfare is best served in the custody of a parent rather than the custody of a third party. However, if a third party is seeking custody, that party must prove to the Court that both parents are unfit, or that extraordinary circumstances exist which would render parental custody detrimental to a child.