Parents often have a lot of questions about child custody during a divorce. Who will keep the children? How often will each parent see their children? Who will make important decisions for their child’s future?
These questions are generally answered once a child custody arrangement is made. Parents may be able to negotiate a child custody agreement during a divorce on their own. However, if parents cannot come to an agreement, the court will step in and create a child custody order. A child custody arrangement will determine whether parents are given sole or joint custody. However, that’s a more nuanced decision than you may realize.
What is joint and sole physical custody?
Physical custody determines where a child lives after a divorce. Parents can share physical custody through a joint physical custody arrangement. A child custody schedule will then dictate what days each parent is responsible for their child’s daily needs and has them in their care.
If a parent is given sole physical custodial of a child, however, they will be entirely responsible for their child’s daily care. Sole physical custody is often given to a parent when the other travels frequently, lives overseas or is unsafe around their child. It is important to note, however, that even when a parent has sole custody, the other may still have some visitation rights — even if those are restricted.
What is joint and sole legal custody?
Legal custody refers to a parent’s right to decide how their child is raised and their medical and educational needs. Parents who have joint legal custody work together to decide what is best for their child and must jointly make major decisions.
One parent may be given sole legal custody, however, if the other parent is considered unfit to make those kinds of decisions. A parent may not be fit to have legal custody or control over their child if they have a serious psychological condition, have a history of abuse or neglect or generally refuse to cooperate with their coparent.
Many parents do not realize that physical and legal custody are two different things, and that can lead to unexpected problems. Parents can reach out for professional legal guidance to learn more and protect their bond with their child.
