Divorce can bring major changes for both parents and children. Questions about where a child will live, who will make important decisions and how parenting time will be divided can quickly become some of the most difficult issues a family faces.
Understanding a few basic child custody terms can make it easier to evaluate your options and participate in custody discussions. Although the terminology and legal standards vary by state, the following concepts commonly appear in custody cases.
1. Legal custody
Legal custody is the term for a parent’s right to decide a child’s upbringing. Major issues that fall under this category include:
- Education
- Medical and mental health care
- Religious upbringing
- Extracurricular activities
Legal custody is different from making routine daily decisions. A parent caring for a child will generally handle immediate matters such as meals, homework and bedtime, even if the parents share authority over major decisions.
2. Physical custody
Physical custody refers to where a child lives and which parent is responsible for the child’s everyday care. It may include providing food, transportation, supervision and a safe place to live.
One parent may have primary physical custody while the other receives parenting time. In other cases, the child may spend substantial time living in both parents’ homes.
3. Joint custody
Joint custody means that parents share legal custody, physical custody or both. Parents with joint legal custody are generally expected to communicate and participate in major decisions affecting their child.
Joint physical custody does not necessarily mean that the child spends exactly half of the time with each parent. The schedule may reflect the child’s school routine, the parents’ work obligations, the distance between their homes and other practical considerations.
4. Sole custody
With sole legal custody, one parent has primary authority to make major decisions for the child. Sole physical custody generally means the child lives primarily with one parent.
Sole custody does not automatically prevent the other parent from having a relationship with the child. Unless contact would be unsafe or contrary to the child’s best interests, the other parent may still receive regular or supervised parenting time.
5. The parenting schedule
A parenting schedule establishes when the child will be with each parent. It may address weekdays, weekends, school breaks, holidays, vacations and transportation between households.
The most workable schedules account for the child’s age, needs and existing routine. They should also provide enough detail to reduce confusion while allowing reasonable flexibility when circumstances change.
Custody arrangements can have a lasting effect on the entire family. Legal guidance can help parents understand their rights and pursue an arrangement that protects their child’s stability and well-being.