Going through a divorce can be difficult for many, particularly when there are minor children involved. Parents can prepare for child custody discussions by learning more about two key terms: joint custody and sole custody.
Joint custody means parents work together to raise their child. Sole custody means that one parent has the right to raise their child. Each of these phrases can determine each parent’s rights and responsibilities for their children after a divorce. There is more you should know about joint and sole custody:
Joint vs. sole legal custody
Legal custody refers to a parent’s right to make major decisions for their child. These decisions include things like a child’s education, medical care and religious instruction.
Parents who have joint legal custody work together to make these critical life decisions in the best interests of their child. This means that parents may, for example, have to decide together where their child will go to school. Sole legal custody means that one parent is fully responsible for making these decisions for their child, and the other parent will generally not have any input. This is an infrequent scenario, but it does occur — particularly when one parent has been uninvolved or has been declared “unfit” as a parent for some reason.
Joint vs. sole physical custody
Physical custody refers to where a child lives after a divorce. Joint legal custody means that a child may live with each parent in rotation, according to a custody schedule. Parents can create a child custody arrangement that determines how long their child lives with them and on what days.
Sole physical custody, in contrast, means that a child lives with only one parent. In some cases, the other parent may be given visitation time during scheduled days. However, the parent with sole custody is responsible for their child’s daily care. This, too, is not common, but it can occur when one parent’s life is unstable, they live very far away or there are concerns about a child’s safety in their care.
Parents can reach out for professional legal guidance to learn more about child custody and their options.