Whether you are a parent who is legally in charge of the child, someone going through the stages of divorce, or it is a stand-alone custody matter, knowing about the different types of custody is crucial.
We will provide you with all of the information you need to know about primary physical custody and secondary legal custody. That will help you make informed decisions about child custody issues with child custody lawyers. So, let’s take a look:
How do you Define and Explain Physical Custody?
The primary place of residence and time spent by the child is referred to as physical custody. It involves providing the child with daily care and monitoring. The parent or guardian has physical custody; they are in charge of providing for the child’s necessities, like clothing, food, and housing. This parent is frequently referred to as the parent with primary physical custody or the custodial parent.
There are various forms of agreements for physical custody. The two most common types are sole physical custody and joint physical custody. A child who has sole physical custody spends the majority of their time with that parent; the other parent is only permitted to see their child on occasion. When there is a lot of disagreement between the parents or when they cannot effectively co-parent for various reasons, you may be curious about how the court decides parenting arrangements as the final verdict of the child custody case.
Well, conversely, joint physical custody calls for the child to spend a significant amount of time with both parents. This arrangement guarantees that both parents are actively involved in the child’s life and permits the child to retain a close bond with each of them.
Pros and Cons of Different Physical Custody Arrangements
Joint physical custody and full physical custody are the two primary forms of physical custody.
Joint Physical Custody
In most cases, child custody lawyers favour joint physical custody over exclusive physical custody. This is due to the widespread belief that a child’s best interests lie in having a meaningful relationship with both parents. In reality, the judge assumes joint custody is in the best interests of the child if both parents consent to it.
In addition to encouraging shared parenting duties, joint physical custody has improved children’s emotional health. Nevertheless, it necessitates the parents’ collaboration and excellent communication, which can be difficult in high-conflict circumstances.
Sole Physical Custody
According to how the court decided parenting arrangements As per the circumstances, sole custody is when one parent has primary physical custody over the child. Remember that the other parent might still be able to see their child. In certain situations, the non-custodial parent may be granted visitation, in which case they are referred to as having “full custody” or “sole custody.”
The child custody lawyers grant sole custody over the child to the parent when they find it in the child’s interest. For instance, if one parent cannot give the child a secure home, the judge may grant the other parent sole custody.
Definition and Explanation of Legal Custody
Legal custody refers to the authority and duty to make important choices for the child. These choices may concern the child’s education, medical care, or religious upbringing, for instance. These choices can be made by the parent or guardian who has legal custody; they are commonly referred to as the “custodial parent.”
Just like in the case of physical custody, there are various kinds of legal custody arrangements about how the court decides parenting arrangements. Sole and joint legal custody are the most popular forms. When a child has joint legal custody, both parents have equal decision-making power. Put another way, both parents are involved in decision-making.
On the other hand, when a parent has sole legal custody, they have the full authority to make important decisions regarding their child. When one parent is judged unfit or incapable of properly participating in decision-making, this arrangement is usually implemented.
Pros and Cons of Different Legal Custody Arrangements
Additionally, joint legal custody and full legal custody are the two primary forms of legal custody.
Joint Legal Custody
As with joint physical custody, child custody lawyers generally prefer joint legal custody to sole legal custody. Children with joint legal custody can gain from the opinions and contributions of both parents. But it requires the parents to communicate on a basic level.
Sole Legal Custody
One parent with sole legal custody gets the last word of insignificant choices. Sole custody could be a suitable substitute for stability for the child in cases where parents cannot reconcile their differing points of view.
The Role of Settlement and Court in Parenting Decisions
In determining custody, how the court decides parenting arrangements and the settlement, both have significant influence. When settling custody disputes, negotiation is the first step. Mediation is one method of reaching a custody settlement.
A mediator is an impartial third party who helps the parents come to a parenting plan and custody arrangement that works for both. Parents can control the resolution through mediation, encouraging cooperation, compromise, and communication.
When negotiations fail or are incorrect, child custody lawyers assist the court in deciding who gets custody in the end. The child’s best interests will be considered by the judge when reaching a decision. It is important to keep in mind that the court’s first objectives are the welfare of the kid and making sure their best interests are met.
Common Misconceptions about Physical and Legal Custody
Addressing the following three prevalent misunderstandings regarding legal and physical custody is crucial:
- It is untrue to state that the parent who has physical custody is the one who guides the child’s major decisions. While physical custody is related to the child’s principal location, legal custody determines who has the authority to make significant choices on the child’s behalf.
- Joint physical custody does not necessitate equal time sharing. Though the exact arrangement may vary based on the child’s and parents’ requirements, it refers to the child spending a substantial amount of time with both parents.
- Even if they have sole legal custody, the non-custodial parent does not automatically forfeit their visitation rights. One parent can make all of the child’s critical decisions.
End Thoughts
It’s important for parents going through a divorce or custody dispute to know the difference between primary physical custody and secondary legal custody. While physical custody determines the child’s principal location, legal custody determines who has the parent who has the power to make significant decisions on the child’s behalf.
Understanding the law and how it pertains to your circumstances requires speaking with qualified and experienced child custody lawyers. Every child custody case is unique regarding the precise arrangements and considerations made when determining custody. By making well-informed decisions based on a clear understanding of both physical and legal custody, parents may put their children’s best interests first.
