Most custody orders award joint custody to both parents, or sole custody to one parent. There is also a difference between having legal custody and having physical custody. Here’s what all that means:
Joint legal custody is when both parents share decision-making authority for the minor child. These decisions can be related to healthcare, education, religious upbringing, and the child’s general welfare. Both parents must communicate to make joint legal custody work.
If a parent has sole legal custody that means only that parent makes those decisions. The sole legal custodian would have discretion to solicit input from the other parent. However, the ultimate authority rests with one parent.
Physical custody determines the time the child spends with each parent. For example, two parents might have joint legal custody of a minor child, but the father has primary physical custody. Or two parents can have joint legal custody and joint physical custody, so that each parent has equal custodial time.
Custody schedules can be as varied and diverse as the parents and children who have them. Some families operate better with joint physical custody on a week on/week off basis so that the parents alternate time with the child. Other parents find more success with one parent having primary physical custody and the other parent having every other weekend and extra time during the summer and holidays. These schedules depend on numerous factors: the child’s age, the parents’ work schedules, the established routine, the distance between the parents’ residences, the parents’ preferences, the location of the child’s school, and so many others. Each family’s situation is different.
A child custody determination does not have to be contested or fought in court. Many parents reach a settlement outside of court, even before a lawsuit is filed. Parents can enter into contracts or consent orders, depending on the case, to establish the legal and physical custody of their child. If parents cannot agree, then a judge can hear a child custody dispute and order a custodial arrangement that the judge believes promotes the best interests of the child.
If you think you need to litigate or you want to reach an out-of-court agreement, call our office to speak with an attorney about your situation and find out what child custody arrangement would suit you and your child.