Dividing custody of children is a crucial part of getting a divorce. When parents decide to end their marital relationship, they need to define what rights they have regarding their children in the future. While many of these rights may have simply been implied or assumed during the marriage, court orders may be necessary to define them moving forward.
When it comes to legal and physical custody rights over a child, it is important for parents to remember that these are very different areas of the law. They have a different focus and address different types of parenting.
Physical custody
To begin with, adults may split up parenting time, setting up a schedule for when each person will be with the children. Physical custody can be given solely to one parent or shared between both. Visitation rights may also have to be considered. A parent who does not have primary physical custody may still have visitation rights to see the child periodically.
Legal custody
The focus of legal custody rights, however, is on making decisions that will affect the child’s life, health and well-being. Regardless of where the child is living at the time, parents need to know who has decision-making power. Legal custody rights often revolve around issues like healthcare, education and religion. Parents need to know who has the right to make these crucial decisions when they are necessary.
Both sides of child custody
When getting a divorce, parents likely need to address both sides of the child custody plan, and this can sometimes lead to conflicts. It can help to work with an experienced family law attorney to seek an appropriate resolution.