Dividing custody of children is one of the main components of a divorce case for parents. There are cases where sole custody will be given to one parent or the other, but many cases involve shared custody.
From a physical perspective, this often means that parents need to establish a schedule. Will they exchange the children once a week, or more or less frequently? Where will the exchanges take place? Do they need a separate schedule for the summer months, when the children are not in school?
Each parent has a right to live with the child and spend time with them, as well as an obligation to take care of them, so the physical custody arrangement establishes how this should happen.
Making decisions for those children
But the legal side of this custody arrangement focuses on the power parents have to make important decisions for their children. Key areas that may be considered include:
- Education
- Healthcare
- Religion
- Finances
When parents share legal custody, they do still need to work together and make these decisions jointly. When one parent has sole custody, then they have the right to make the decision on their own.
But one key thing to keep in mind is that physical and legal custody are separate areas of the overall agreement. They can be divided differently, such as one parent having sole legal custody but sharing physical custody. They also govern much different areas of the children’s lives and define different legal obligations and responsibilities for the parents.
Navigating such a complex system can be complicated during divorce, so it is important for parents to know exactly what legal steps to take.