Some parents going through a divorce are simply trying to gain custody of their child. However, they often think of “child custody” as an umbrella term that covers everything related to the child’s upbringing. In reality, courts often divide custody into two types: physical and legal custody — and these are very different.
It’s important to understand the differences, especially because physical and legal custody do not have to be divided the same way. For example, a parent may share physical custody with their ex, while their ex has full legal custody rights.
Where does the child live?
The central question regarding physical custody is where the child will live and which parent they will be with at a given time. It can also govern things like who picks the child up from school or whether one parent has visitation rights. Shared physical custody is sometimes split 50-50, but it doesn’t have to be. For instance, one parent may have primary custody during the school week, while their ex has custody on weekends or visitation rights.
Who makes decisions for the child?
Legal custody refers to decision-making power. Parents must make important choices regarding:
- What medical care the child will receive
- Where the child will go to school
- Whether the child will open financial accounts
- The child’s religious upbringing
Legal custody grants the ability to make these significant decisions. If a parent has sole legal custody, they can make these choices independently. However, if they share legal custody, both parents must work together and reach agreements on these issues.
In both areas, if you are going through a divorce, it is crucial to understand your custody rights and take the necessary steps to protect them during the divorce process.
