Understanding the difference between physical and legal custody
Introduction
When going through a divorce, one of the most stressful and emotional aspects can be deciding on custody arrangements for children. There are two types of custody, physical and legal, and it’s important to understand the differences between the two. In this article, we will explore what physical and legal custody mean, the factors that determine custody, and how to make the best decision for yourself and your child.
Physical Custody
Physical custody refers to where the child lives and who they spend time with on a day-to-day basis. There are two types of physical custody:
- Joint physical custody: Both parents share physical custody and have the child for roughly equal amounts of time.
- Sole physical custody: One parent has primary physical custody and the other parent has visitation rights.
When determining physical custody, the court takes into account various factors such as the child’s age, the distance between the parents' homes, and the child’s relationship with each parent. The court will also consider factors such as each parent’s work schedule and ability to provide a stable living environment for the child.
Legal Custody
Legal custody refers to the right to make important decisions regarding the child’s life, such as their education, medical care, and religion. Like physical custody, there are two types of legal custody:
- Joint legal custody: Both parents share decision-making authority and must consult each other before making major decisions regarding the child.
- Sole legal custody: One parent has the final say in all major decisions regarding the child.
When determining legal custody, the court will consider each parent’s ability to make important decisions for the child, as well as their willingness to work together to make decisions in the best interest of the child.
Factors That Determine Custody
When deciding on custody arrangements, the court will consider a variety of factors, including:
- The child’s age, gender, and health
- The emotional bond between each parent and the child
- Each parent’s ability to provide for the child’s basic needs like food, clothing and shelter
- Any history of abuse or neglect
- Each parent’s physical and mental health
In some cases, the child may also be able to express their preference for custody arrangements, though their preferences may not always be taken into account.
Making the Best Decision
When making custody arrangements, it’s important to keep the best interests of the child in mind. While it can be difficult to put aside personal differences and emotions, focusing on the well-being of your child can make it easier to come to an agreement with your ex-spouse. This may involve compromising on certain aspects of custody or agreeing to joint custody arrangements even if it means spending less time with your child.
If you are unsure about what custody arrangements would be best for your child, consider seeking the advice of a family law attorney or a counselor who specializes in divorce and custody issues.
Conclusion
Physical and legal custody are two different aspects of parenting, and it’s important to understand the differences between the two before making custody arrangements. By keeping the best interests of your child in mind and working together to make decisions, you can help ensure that your child has a stable and loving environment to grow up in.