When parents get divorced, they need to determine how they will divide custody of their children. Legal custody defines who can make decisions for the child, and physical custody defines who will live with them and when.
There are many different ways that the court can address a child custody decision. Let’s take a quick look at three types of custody to understand some of the differences.
Joint custody
With joint custody, the responsibilities are shared between both parents. With joint legal custody, both parents get to make medical decisions or educational decisions, for example. With joint physical custody, the child likely moves back and forth between the parents’ homes on a predetermined schedule.
Sole custody
Courts are not obligated to give both parents custody rights. There may be situations in which they will give sole custody to just one parent, such as if they think that the other parent could be a danger to the child due to a criminal record, substance abuse issues or allegations of physical abuse during the marriage.
Split custody
Split custody is relatively rare, but it happens when courts split up siblings between their parents. Each parent has full custody of a different sibling. Courts usually won’t do this because they want to keep siblings together and involved with both parents, but may use it sparingly if there’s a distinct need—such as a child who has special needs and can only be cared for by one parent.
If you’re going through a divorce, it’s crucial that you understand all of your custody rights and the legal steps you can take.