When parents divorce or separate, they still share responsibilities regarding their children. They can either negotiate arrangements directly with one another or litigate to establish a custody order.
Typically, custody orders have to address both physical and legal custody to facilitate effective co-parenting. Parents need to understand the difference between physical and legal custody so that they can make appropriate requests during custody negotiations.
What is physical custody?
Physical custody relates to the time spent with the children. Frequently, custody orders reference physical custody based on the percentage of overnight time that parents have with the children. Parents share time regularly and typically also negotiate a schedule for holidays and special events.
The parent with physical custody has an obligation to meet the children’s needs during that time by providing them with food and seeking medical care as necessary. Job obligations and health challenges, as well as living arrangements, can influence the optimal plan for sharing physical custody.
What is legal custody?
Legal custody refers to the authority parents hold over children. Legal custody is what gives parents the authority to make decisions about their children.
When parents share legal custody, they can both make decisions during their own parenting time. They may also need to cooperate with one another to reach agreements about major parenting decisions.
Those who share physical custody typically also share legal custody, but there are many unique terms that can optimize shared custody arrangements. The division of legal custody could provide one parent with final authority when there is a dispute, for example.
Working with a lawyer can help parents ensure that they protect their own interests while centering the children during child custody negotiations or litigation.