If you are a parent going through a divorce, it is important to learn a few basic child custody terms. By understanding basic child custody terms, you can be prepared for discussions and court cases that involve the future of your role in your child’s life.
Two key terms you may hear particularly often are legal and physical child custody.
Joint and sole legal custody
A parent with legal custody can decide what is best for their child. If you have legal custody, for example, you could decide on whether your child goes to private, public or online school. You could also decide on whether your child undergoes a medical procedure or which doctor they should see regularly.
Parents who share custody of their child often have joint legal custody. Joint legal custody means that parents can make joint decisions for their child. Both parents may, for instance, decide that their child should go to private school.
Sole legal custody means that only one parent makes decisions for their child. The other parent does not have legally-enforceable decision-making rights when it comes to their child’s core concerns.
Joint and sole physical custody
Where a child lives is determined by physical custody rights. If you have physical custody, your child lives with you. You are also expected to care for your child’s daily needs, including food, clothing and shelter. You may also be responsible for taking your child to school or appointments.
If parents have joint physical custody, then their child lives with both of them. Typically, this means that parents have a custody schedule. A custody schedule determines what days their child lives with them. Parents often rotate custody every few days or weeks.
If a parent has sole physical custody, then they are entirely responsible for their child’s daily care. The other parent may not have any physical custody rights or they may have rights to visitation days only.
What works best for one family does not necessarily work best for others. You can learn more when you reach out for professional legal guidance.