Divorce often brings up many questions, especially when it comes to child custody. Parents need to understand the several types of custody to make informed decisions. Custody involves where the child will live and who makes important decisions about their life.
Understanding the distinction between the two
Legal custody and physical custody have different objectives. Legal custody allows a parent to make major decisions concerning their child’s upbringing. These decisions cover education, healthcare, and religious instruction. In contrast, physical custody decides where the child lives on a daily basis. The parent having physical custody is responsible for the child’s daily care and supervision.
Courts frequently grant joint legal custody, allowing both parents to make critical decisions together. However, physical custody can be shared or sole. Joint physical custody indicates that the child spends significant time with both parents. Sole physical custody implies that the child lives primarily with one parent while the other may have visitation rights.
How is custody determined?
Courts usually prioritize the child’s best interests when determining custody. They consider several factors, including the child’s age, health, and emotional ties to each parent. The court also evaluates each parent’s ability to provide a stable and loving environment. Judges may consider the child’s preference, especially if the child is older and more mature.
The court also examines the parents’ willingness to cooperate and communicate regarding the child’s welfare. A history of domestic violence or substance abuse can significantly impact the court’s decision. Ultimately, the goal is to create a custody arrangement that promotes the child’s well-being and stability.
Prioritizing your child’s best interests
Going through a divorce can be stressful and overwhelming. While many emotions are involved, staying rational and prioritizing what is best for the child is essential. Knowing the distinct types of custody can help you work towards a custody arrangement that supports your child’s needs and future.