Many different terms are thrown around when preparing for a child custody dispute. You may have heard custody being referred to as legal and physical, but what are these forms of custody exactly and how are they different? The Law Offices of Michael A. Robbins is here to shed light on these terms and share how they are different so you can make decisions that best benefit your child.
Legal Custody Explained
Legal custody pertains to decision-making authority over a child’s welfare. When a parent has legal custody, they are responsible for making crucial decisions regarding the child’s education, healthcare, and overall well-being. This authority can be divided into two main categories:
Sole Legal Custody
Sole legal custody means that one parent has the exclusive right to make significant decisions about their child’s life. This parent handles educational choices, medical treatments, and religious upbringing without the other parent’s approval. Sole legal custody is often granted when one parent is deemed unfit or unable to participate in these decisions.
Joint Legal Custody
Joint legal custody involves both parents sharing decision-making responsibilities. Parents must collaborate and agree on significant issues affecting their child’s life. While this arrangement promotes shared responsibility, it requires effective communication and cooperation between parents to ensure the child’s best interests are prioritized.
Physical Custody Explained
Physical custody refers to where the child lives and the daily care they receive. It determines which parent the child lives with and how visitation rights are allocated. Similar to legal custody, physical custody can be sole or joint:
Sole Physical Custody
Sole physical custody signifies that the child lives mainly with one parent, who takes charge of their daily care. Meanwhile, the other parent usually gets visitation rights, granting them scheduled time with the child. This setup is often selected when one parent is deemed more capable of offering a stable home environment for the child.
Joint Physical Custody
Joint physical custody lets the child split their time between both parents’ homes. This arrangement aims to maintain strong relationships with both parents, ensuring the child spends significant time with each. Joint physical custody requires detailed scheduling and coordination to minimize disruption to the child’s routine.
Different, Yet Overlapping
Although legal and physical custody are distinct concepts, they can overlap or be awarded separately. Understanding the nuances of each type can help parents anticipate potential custody arrangements and plan accordingly.
Separate Awards
Sometimes, a parent may have sole legal custody while sharing joint physical custody with the other parent. This arrangement allows one parent to make decisions while both parents share daily care responsibilities. Conversely, joint legal custody can coexist with sole physical custody, enabling both parents to participate in decision-making while the child lives primarily with one parent.
Overlapping Awards
When legal and physical custody are awarded jointly, parents must collaborate on decision-making and share daily caregiving responsibilities. This arrangement requires effective communication and a high level of cooperation to ensure the child’s needs are met.
Stay Informed – Do What’s Right by Your Children
Ultimately, legal and physical custody are two distinct types of custody that deal with different aspects of a child’s life. Legal custody involves decision-making authority, while physical custody determines where the child will reside. Both can be awarded jointly or separately, depending on the unique circumstances of each case. It is essential to understand these differences to make informed decisions regarding your child’s well-being during a child custody dispute.
For more information or assistance with your child custody case, the Law Offices of Michael A. Robbins is here to help. With over 30 years of experience in family law, our team can provide the guidance and support you need to secure the best possible outcome for your family. Contact us today to schedule a consultation and take the first step toward a brighter future for you and your child.