Custody is generally broken down into two main categories: physical and legal. Full custody is usually awarded to the parent with legal custody of the children, or both parents could receive legal custody. However, this is not the same as physical custody, which pertains to which parent the child lives with on a regular basis.
When you decide to get a divorce, child custody may be one of the areas where you and your spouse bump heads. If you’ve chosen to end your marriage, this article will help you understand the definition of custody. You can click here to learn more about custody laws if you still have questions after reading this article.
Legal Custody
If you have legal custody of your children, this means you are responsible for making important decisions about major aspects of their lives. This includes where they attend school, which religious beliefs they follow, where and when they will receive medical treatment, and whether they need tutoring for schoolwork or mental health assistance such as counseling or medication.
You and your former spouse likely made many of these decisions together. When your marriage ends, most judges will attempt to give both parents a say in a child’s life. The default choice in many family law courts is that parents have joint legal custody and continue to work together on matters that involve the children. This is referred to as joint legal custody, and it can take several forms.
For instance, if you were the primary caregiver of the children while you were married, you will likely take on the same role after the divorce, even if you and your ex-spouse both have joint legal custody. This may mean that you have physical custody of your child, but you may not have full custody.
As the main caregiver, you may have the right to decide whether your child receives tutoring or where your child attends church. However, your ex has the right to participate in these decisions and may disagree with some of your choice. In these instances, it’s best to find a peaceful way to resolve your differences.
Sole Legal Custody
Sole legal custody is also known as full custody. If you and your former spouse are unable to agree on matters concerning your child, the judge will likely award you sole legal custody if you are already the child’s main caregiver. Judges often make this decision if they see that you and your ex’s constant bickering is having a negative effect on the child. If you have sole legal custody, you have the right to make all of the choices that pertain to your child’s education, health, and welfare.
You may also receive sole legal custody of your child(ren) if your ex-spouse lives in another city or state, or if they have been abusive or negligent to you or your children in the past. If you can prove to the courts that your ex isn’t involved in the child’s daily life and doesn’t spend significant time with your child, the judge may still award joint legal custody. However, you will be awarded the role of “tie-breaker” if you and your ex disagree on a decision and can’t come to a resolution.
Physical Custody
Physical custody is the term used to describe where your children live most of the time. Both you and your ex can receive physical custody, or physical custody can be awarded to one parent. Depending on the state you live in, the parent with sole custody reserves the right to move to another city or state with the children without consent from the other parent. To prevent the spouse and children from moving, the parent who doesn’t have physical custody has to appeal to court to prove that the move would not be beneficial to the children.
Do you believe your children would be better off if you had full custody of them? If you’re facing divorce and you want to make sure you’re making the best decision for your children, a family law attorney can help you obtain sole custody.