Divorcing parents often have to go through a difficult process regarding child custody. It isn’t uncommon for disputes over the children to escalate into full-fledged battles.
A child custody battle can be very stressful for parents who are not aware of their legal rights. Parents can prepare for negotiations by learning more about how child custody works. Here are a few terms to remember:
Legal and physical custody are different things
Parents can have either legal or physical custody of their children — both. Legal and physical custody determine what rights and obligations parents have.
Legal custody is a parent’s right to decide how their child is raised and what is best to meet their needs. For example, parents who have legal custody can decide where their child goes to school, such as a private or public school. Physical custody determines where a child lives daily. A parent with legal custody is responsible for caring for their needs (food, clothing, etc.) and helping with their daily routine, such as getting to school.
In most cases, the courts tend to favor some kind of shared legal and physical custody, since that is generally considered best for the children.
Joint and sole custody may not mean what you think
Parents who work together to raise their children after a divorce typically have joint custody. Joint custody can give both parents legal custody rights, helping to ensure parents can discuss what is best for their children. Parents can also share physical custody with the help of a custody schedule. Each parent can have designated days when they are responsible for their children, depending on their custody days.
In rare cases, one parent may gain sole custody of their children. Sole custody can give this parent full legal and physical custody of their children, but – even then – the parent without custody may still retain limited visitation rights, even if that is supervised.
Legal guidance can help parents understand and fight for their legal rights during a child custody battle. It is critical not to try to handle these issues on your own.