Are you a parent going through a divorce? A divorce can be a daunting and confusing time in your life, especially when you have your children to think about. One of the matters that you are likely going to discuss during your divorce is child custody.
Child custody determines where a child lives after a divorce and the obligations of each parent as your children grow up. Here are a few basic terms to understand before you begin child custody discussions:
What is legal and physical custody?
Legal custody refers to a parent’s right to decide what is best for a child’s upbringing. In other words, a parent with legal custody could, for example, put their child in a public or private school. Medical decisions, extracurricular activities and religious upbringing are just a few other decisions parents can make for their children when they have legal custody.
Physical custody refers to where a child lives. A parent with physical custody is responsible for maintaining their child’s daily routine and caring for their basic needs, such as clothing and food.
What is sole and joint custody?
Both physical and legal custody can be either joint or shared. A parent who has the sole right to make legal decisions regarding their children would be said to have sole legal custody. If both parents share that decision-making responsibility, they are said to have joint legal custody.
If the child splits their time between two homes, then physical custody is said to be shared. If they live with one parent and the other only has visitation rights, the parent the children live with is said to have sole physical custody.
Custody decisions should be made based on the best interests of a child. This refers to matters that can impact their upbringing, safety and well-being.
If you want to learn more about child custody or need help fighting for your legal rights, you may need to seek professional legal guidance.