Splitting up child custody rights is a major part of divorce for many couples. In some cases, one person wants sole custody and is seeking to cut their ex out of the equation. But in many cases, couples are just splitting up joint custody so that they are both involved at different times.
While going through this process, consider the fact that both legal and physical custody need to be addressed. They are equally important, but they operate quite differently.
Parenting time and physical custody
Physical custody rights revolve around parenting time and parental obligations. Children are often exchanged on a set schedule. One parent may watch the children for a week and then make an exchange with their co-parent, who takes on that obligation for the next week.
In some cases, parents also need to consider visitation rights. One parent may have primary physical custody, but the other has a right to visit the child periodically and spend time with them. A parent who is in the military, for instance, may have visitation rights when they’re home from a deployment.
Decision-making and legal custody
Legal custody rights, on the other hand, revolve around the decision-making power held by both parents. They need to make important decisions about religion, education, healthcare, finances and much more.
Legal custody does not change where the child lives, but both parents may still need to be involved. If they share legal custody rights, they have to work together on these important decisions, and neither one can override the other’s authority.
In many divorce cases, parents need an order splitting up both types of custody, and it is important for them to understand what legal steps to take as they go through the process.