Divorcing parents naturally worry about how a divorce might affect their parental rights. No one wants to lose time with their children because of a divorce. As people start trying to make sense of state custody standards, they may find themselves feeling more confused than they were initially.
The variety of different terms can seem overwhelming. For example, in addition to discussions about sole custody and joint or shared custody, parents may also have to make sense of the difference between legal and physical custody.
What do these terms mean for parents preparing to divide their parental rights and responsibilities?
Physical custody is essentially parenting time
When people talk about shared custody, their priority is typically the division of parenting time. Parenting time rights come from an allocation of physical custody. Parents generally push for as much physical custody as they can get when they start negotiating custody matters.
The parent who has physical custody is responsible for meeting the basic needs of the children. They have to provide shelter, nutrition, supervision and clothing. If the children are sick, they need to ensure that they receive appropriate medical attention. That might require that they leave work if the children become sick while at school.
Legal custody is parental authority
The term legal custody doesn’t refer to an order approved by the courts but rather to the authority that the state extends to parents. An adult with legal custody makes decisions for their children. Most of the time, parents share that responsibility just like they share parenting time.
Either parent can make necessary decisions during their parenting time. If they share legal custody, then they likely have to communicate with one another to make decisions about long-term matters such as where the children attend school.
Typically, judges hearing litigated family law cases prioritize a reasonable division of both legal and physical custody. They expect parents to work cooperatively to make choices for the children and to adhere to the guidelines related to the parenting schedule established in the custody order.
If either parent wants more time with the children or authority over their upbringing, they either need to convince a judge that that would be best for the children or cooperate with their spouse to establish an uncontested custody arrangement. Learning about the unique terms and rules that apply to custody matters can help parents as they prepare for divorce. When looking at the big picture, shared legal custody can be as important as seeking shared physical custody in most cases.
