The topic of child custody can cause a lot of stress and anxiety for parents who are going through a divorce. Some parents fear that they will lose custody of their children and miss out on them growing up — but learning more about how custody actually works can make it easier to move forward with confidence.
There are several terms parents should learn before discussing child custody. These terms can help parents negotiate the terms of a child custody arrangement or argue for the right to custody during a trial. These terms include physical, legal, joint and sole custody. Here is what you should know:
What is physical and legal custody?
Physical and legal custody are two terms that help identify the rights of each parent. Physical custody determines where a child lives on a daily basis. The parent who has physical custody of their child will be responsible for providing their child with food, shelter and clothing. They may also need to ensure their child keeps up with their hygiene, attends school and appears for doctor appointments.
Legal custody allows a parent to decide what is best for their child’s upbringing. In other words, a parent with legal custody can make decisions on behalf of their child regarding school, medical needs and religious upbringing. For example, a parent who has legal custody of their child could decide whether they should go to public or private school or receive tutoring and homeschooling.
What is joint and sole custody?
Physical and legal custody can each be “joint” (shared) or “sole” (given to one parent alone) — but joint custody of some sort is the most common arrangement. However, parents may not have strictly equal custody rights even with joint custody. One parent may have more physical custody days with their child than the other parent because of conflicting business hours, for example. A child custody schedule can help manage how often a child spends with each parent.
In rare cases, a parent may have sole custody and be entirely responsible for their child’s upbringing. This is usually only done when the co-parent has abandoned their responsibilities or is somehow unfit to raise a child. Even in situations where one parent is given sole custody, however, the other parent may retain visitation rights.
Parents going through a divorce need to seek legal help to guide them through the child custody process. That is the best way to ensure their rights — and the parent-child relationship — is protected.