For parents who are going through a divorce, child custody issues are likely the focal point of the divorce process. Asset division is also very important, of course. But parents are often primarily focused on preserving their right to have a relationship with their child, and they want to do everything they can to protect these custody rights.
To that end, it is important to remember that there are actually two sides to child custody issues. Parents need to address both physical and legal custody.
How are they different?
As you may have guessed, physical custody revolves around where a child lives. If parents share custody, the child may move back and forth between their homes, for example. This is often the first thing people think of when they talk about child custody in general, and it is important to set up a schedule that works for both the parents and the child.
Legal custody, however, addresses who is primarily in charge of making important decisions for the child. It has nothing to do with where the child lives, and even a parent who does not have physical custody rights may have legal custody rights.
Exactly what these important decisions look like will differ from case to case, as everyone’s life is unique. Common examples include authorizing health care or medical procedures, choosing a school or educational institution, and determining what religion the child will be brought up in.
Addressing custody issues
Protecting both your physical and legal custody rights is important as you and your spouse go through a divorce. If there are conflicts, it is critical that you understand exactly what legal steps you can take.