There are two main areas to consider when dividing up custody between two parents, as would be done during a divorce: Physical and legal custody. These are certainly related, but it is critical that parents understand the nuance of a custody order and how these different areas apply.
With physical custody, parents are making decisions regarding the child’s living situation and the parenting time that they are both allotted as they raise the child. With legal custody, on the other hand, the emphasis is on a parent’s right to make key decisions on the child’s behalf.
What decisions do parents need to make?
Parents need to make a number of different decisions as children get older, including those involving:
- Education
- Healthcare
- Religion
- Finances
If one parent has legal custody, they can choose which school to enroll the child in, for instance, or authorize certain types of medical care. If both parents share joint legal custody, they have to work together to make these decisions.
Are both types of custody divided identically?
No, both types of child custody do not have to be split up in the same fashion. The court will make a determination based on the best interests of the child.
For example, say that one parent has a demanding schedule or travels often for work. The court may determine that the other parent should have primary physical custody, and the parent who travels will just have visitation rights. However, both parents are still fit to make important decisions for their child, so legal custody could be split 50-50.
This is just one example to demonstrate how a court could address these types of issues. Parents need to be well aware of their legal rights during a divorce or a child custody case.