Both legal and physical child custody rights may be divided when two parents divorce. They are similar in that they help define each parent’s relationship with the child, but they are very different in focus.
With physical custody rights, the emphasis is on parenting time. A divorced parent wants to know when they are responsible for the child, when the child lives with them, when they should make custody exchanges with their ex and things of this nature.
When it comes to legal custody rights, the emphasis is on making decisions for the child. This includes decisions about health care, education and religion. Parents are responsible for making these decisions and putting the child’s best interests first, and a parent with legal custody rights is allowed to do so.
These rights can be divided differently
It is important to go over the child custody order and related documentation carefully. Do not just assume that both physical and legal custody are going to be divided the same way.
For instance, a court may decide that both parents are fit to take care of the child and spend time with them, maintaining a relationship and providing a safe and stable living situation. Physical custody could be divided evenly.
However, the court may also decide that only one parent should be making important decisions for the child. That parent could be awarded sole legal custody, meaning that the other parent is excluded from decisions made on the child’s behalf.
Naturally, every case is different. It is critical for parents who are going through a divorce to know exactly what rights and options they have.
