When parents are going through a divorce, debates over child custody rights are fairly common. Courts often prefer to use shared custody, keeping both parents involved, but parents themselves might prefer sole custody.
During these disputes, one important thing to keep in mind is that there are actually two sides to the child custody equation. The court will likely need to divide up both physical and legal custody during the divorce. How are these different?
Decision-making power versus living situations
To start with, legal custody refers to the decision-making power that each parent has to make crucial choices on their child’s behalf. Parents often have to make decisions about things like:
- Where the child will go to school
- What religion they will be a part of
- What doctor or pediatrician they will see
- What medical care they should receive
When parents have legal custody, it means they get to make these types of critical choices. A parent with sole legal custody can do this on their own, but parents who share custody have to work together.
On the other side of the equation, courts have to decide on physical custody of the child. This refers to which parent the child lives with and where they are physically located at a given time. This is what most people think of when they hear “child custody rights.” And, while physical custody is important, it is also wise to remember that legal custody has to be considered as well.
Your legal options
If you are going through a divorce or a custody battle, it is crucial that you understand how this legal process works and what options you have. It may help to work with an experienced law firm at this time.
