Child custody rights must be determined during a divorce. Often, this means officially acknowledging that both parents will have joint custody rights, so they share responsibilities and need to create a schedule to govern their post-divorce lives.
Many couples focus primarily on physical custody, which determines where the child physically lives. Each parent may want the child to spend time in their home, where they will be responsible for providing necessities such as food, housing and clothing. Physical custody is then exchanged on a prearranged schedule—for example, a child may live with one parent for a week and then with the other parent the following week.
Making important decisions
Parents also need to determine legal custody, or decision-making power, which is different from physical custody. Legal custody refers to the right of parents to make significant decisions on behalf of their child.
For example, consider a young child who still visits a pediatrician for vaccinations and treatments. Which pediatrician will they see? What types of healthcare treatments will be approved? Similarly, if the child is starting middle school and needs to enroll in a new school, how do the parents decide which one is best?
If both parents share legal custody, they typically must work together to make these important decisions. One parent cannot simply choose a school or a pediatrician without consulting the other. They have to make joint decisions while focusing on the child’s best interests.
Because of these responsibilities, clearly defining legal custody rights is essential, and disagreements can sometimes arise. If you find yourself in this situation, be sure you understand all of your legal options.