Legal and physical custody are both important areas to consider when getting divorced with children. One thing parents have to do is split up their custody rights.
Legal custody gives parents the ability to make decisions or take certain actions for their child. If a child wants to open a bank account, they may need a parent to authorize it or cosign on the account. If a child is going to be enrolled in a new school, the parent gets to decide what school they will attend. When a child needs medical care or needs to choose a pediatrician, the parents are involved with choosing their doctor.
When one parent has full legal custody, they can make these decisions on their own. When parents share legal custody, they are expected to work together. Disputes may lead to litigation because they may need a court ruling to determine how they should proceed.
What does physical custody address?
Legal custody gives parents the ability to make decisions, but physical custody helps to define when they live with the child.
For example, say that two parents have separate homes. Every other week, the child moves back and forth. This way, they spend roughly half of their time with each biological parent.
Physical custody is not always this simple, however. It may not be divided perfectly evenly, so one parent may live with the child more than the other. Additionally, there may have to be special considerations made for holidays, birthdays, summer breaks from school and things of this nature.
It is very important for parents to understand both their physical and legal custody rights when going through a divorce, and it can help to work with an experienced law firm at this time.