The two main areas that couples need to address during a divorce are property division and child custody rights. For parents, custody issues often come first. They want to ensure that they get to spend time with their child and have a parental role, even after the marriage ends.
But parenting time is only one part of the equation. Physical child custody defines which parent should be with the child, where they will live, when the parents will make child custody exchanges and things of this nature. Key factors include each parent’s living situation, where the child goes to school, connections to the local community and much more.
Addressing legal custody
On top of deciding where the child lives, parents need to consider their legal custody rights. As long as their child is under 18 years old, there are certain decisions that parents can make on their behalf. These could include what school the child attends, what daycare they go to, what pediatrician they see, what type of healthcare they receive, or what religion they are brought up in.
The right to make these decisions is known as legal custody. Courts can split these up differently. For instance, even if both parents have physical custody rights, the court may determine that one parent would be better at making these key decisions and give them sole legal custody rights. Every case is unique, but it is important to know that these are not always identical.
If you are going through a divorce and trying to sort out physical and legal custody issues, it is crucial that you understand exactly what legal options you have.