Child custody rights are a very important part of divorce. Parents often want to preserve their right to spend time with their child above all else.
As such, if you are navigating a divorce this year, it is important to understand that there are two different sides to a child custody determination. The court must create a custody order that addresses both physical custody and legal custody. How are these different?
Living situations
A child’s living situation is largely determined by physical custody. If parents share physical custody, the child may move back and forth between their homes every other week. If one parent has primary custody and the other has visitation rights, the child may live with the first parent the majority of the time and see the other parent on weekends or during scheduled visitation periods.
Important decisions
Legal custody is different because it governs important decisions that must be made for the child. It does not determine where the child lives, and a parent can have legal custody rights without having physical custody.
Key decisions commonly governed by legal custody include healthcare, religion, education and finances. For example, parents who share legal custody must decide together which school to enroll their child in or what type of medical care should be authorized if the child is injured or becomes ill.
Your custody rights
It is crucial to understand that physical custody and legal custody are different and can be divided in different ways by the court. As you go through this process during your divorce, it can be helpful to have an experienced child custody lawyer on your side while you explore your options.