What is Custody?: Legal And Physical Custody Explained
When you become a parent, it is important to focus on what is best for your children in every situation, including the decision about whether to divorce or legally separate. An important factor in a divorce or legal separation involving minor children is the custody of your children. There are two types of custody that will be involved: physical custody and legal custody.
Legal Custody: Decision-Making
First, legal custody of minor children is the decision-making ability for big picture issues, such as health care, education, and religious training. Day-to-day issues that come up when a child is with each parent, like what cereal will they eat or what outfit will they wear, will be determined by the parent caring for the child at the time the decision needs to be made. Legal custody is decision-making for major issues only. Legal custody is often shared jointly between parents so that each parent can speak into the major decisions relating to their children. However, in situations where the parents cannot communicate to make these decisions, legal custody can be held by only one parent. If you can speak about the children to the other parent, then the Court may determine you can make joint legal custody decisions for your children.
Physical Custody: Physical Location
Second, physical custody is simply where the minor children are located the majority of the time. This can be held jointly between parents where the children spend roughly equal time with both of their parents or individually by one parent with the other parent receiving parenting time.
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This blog does not constitute legal advice nor does it establish an attorney client relationship. This is for general information purposes as in most legal situations the facts and terms of an agreement between the parties can affect the results.