Some of the biggest divorce matters for couples are property division and alimony. However, for parents, one of the biggest issues they may face in a divorce is child custody. Parents typically have the right to make a child custody agreement that works for them. However, if a court disagrees with the arrangement or if parents can not reach an agreement, a judge may create a custody order.
Parents should learn more about child custody laws before deciding on child custody so they can reach an arrangement that works in everyone’s best interests — particularly the children’s. There are four basic elements of child custody that parents should understand. Here is what you should know:
1. Legal custody
Parents may be given legal custody of their child. Legal custody refers to a parent’s ability to make important decisions about a child’s upbringing. Some important matters parents may need to decide on include:
- Medical care: A parent could choose their child’s doctor, therapist or dentist. They can also make decisions about a child’s emergency care and long-term health care, such as medication, therapy or prosthetics.
- Education: A parent could choose a child’s school. They may enroll their child in public, private or home-schooling. A child may also be given special education, join clubs and partake in extracurricular activities.
- Religion: A parent may have the right to raise their child under specific religious doctrines and beliefs. A parent may take their child to religious functions, celebrate religious holidays and perform religious activities.
A parent’s ability to decide what is best for their child can drastically influence a child’s upbringing.
2. Physical custody
Parents may be given physical custody of their child. Physical custody refers to where a child lives on a daily basis. Furthermore, the parent responsible for their child must also meet their needs, such as providing clothing and food.
3. Joint custody
Parents may be given joint custody of their child. Joint custody means that parents may share some physical and legal custody rights. A child may go between their parent’s home on scheduled days. Parents may also communicate frequently about what is best for their child’s upbringing.
4. Sole custody
One parent may be given sole custody of their child. When a parent has sole custody, they may be fully responsible for raising their child and making decisions in their best interests. The other parent may be given visitation time. Sole custody is often done when a parent wants no involvement with their child or is unfit to raise their child.
Legal guidance can help parents explore their child custody rights.
