If you’re going through a divorce as a parent, the two things you’re probably most focused on are property division and child custody. You need to know how to split up the assets that you and your spouse own, and you also have to divide parental duties in relation to your children.
But one important thing to remember is that there are actually multiple types of child custody. It can be divided into two main categories, which may be split up the same way – either shared jointly between you and your spouse or assigned solely to one parent, or which can be addressed differently. Every case is unique, and courts focus on the child’s best interest.
1. Physical custody
The first category is physical custody, and this assigns the right a parent has to live with the child and care for them on a day-to-day basis. In some cases, one parent will get primary custody, but the other will still be given visitation rights.
2. Legal custody
The second category refers to making decisions on the child’s behalf. A parent who has legal custody is the one who gets to decide where they go to school, what medical care they receive and other things of this nature.
In some cases, both of these are divided the same way, such as two parents who share both physical and legal custody and have to work together as coparents. But it could also be split up unevenly. For instance, maybe one parent travels often, so they don’t have physical custody rights, but they still get to be involved with decision-making for the child, so they have legal custody rights.
As you go through divorce and address these important areas, be sure you know what legal steps to take.
