Physical child custody rights must be addressed when two parents get divorced. The child may primarily live with one parent but see the other periodically, such as during visitations. In other situations, parents may share time with the child equally.
But the physical living situation is only half of the equation. Parents also need to consider legal child custody rights. How are these different?
Decision-making ability
In addition to just living with their child, parents have to make important decisions for them. Examples include:
- When and where to open a bank account in the child’s name
- Where the child should go to school
- Where the child should receive medical care if they’re injured or sick
- What religion the child will be raised in
These are just a few examples, but they are all things that parents would ordinarily decide together during a marriage. They might jointly choose a pediatrician or set up financial accounts for their child.
After a divorce, though, the division of legal custody rights defines who has the ability to make these decisions. In some cases, these rights are split equally between both parents, meaning they have to work together. They’ll need to compromise and make mutual decisions because they both have a legal right to do so. In other cases, one parent will be given primary legal custody. That parent gets to make most of the decisions—even if the child doesn’t live with them 100% of the time.
Custody rights are an incredibly important part of a divorce, so parents need to know exactly what legal steps to take while going through this process.
