Parents who divorce or stop living together generally have to negotiate custody arrangements. They usually have the authority to set their own terms and submit them to the courts for approval. If they cannot settle terms with one another, then the matter goes to court, where a family law judge decides what terms to impose.
In either scenario, the parents typically need to address both physical custody and legal custody. Understanding the distinction between these two critical forms of custody can help parents protect themselves and their children as their family circumstances change.
Physical custody is parenting time
People talking about custody issues often specifically mean the time they get to spend with their children. The division of parenting time is a critical consideration when parents or judges establish custody orders.
Still, legal custody also requires careful consideration. Legal custody gives a parent the authority to make decisions about their child. If parents share physical custody, they often also share legal custody.
They need to have systems in place to communicate with one another and discuss major decisions about their children before they take any significant steps to alter their circumstances. Factors including the number of children in the family, the availability of the parents and their prior experience managing the children’s affairs can influence the optimal distribution of legal and physical custody.
Discussing family circumstances with a legal professional can help parents understand their rights and evaluate different custody options. Most parents need to secure a portion of both legal and physical custody to play a sustainable and significant role in the lives of their children.