Child Custody

Understanding What’s Best for Your Kids – Physical and Legal Custody

Few people who haven’t started divorce proceedings understand the concept of custody mainly because of the fact that custody can be a joint one and at the same time can also be sole. It really depends on what the courts think to be the best decision for you and your family during the hearing and court case. There are basically two types of custody which you will be trying to get a decision on.

Legal Custody – When it comes to legal custody, you are basically being given the right to make decisions for your children. These decisions can include the school that your kids will go to, the religion which they will be made to practice as well as the doctor that they go to. These are all decisions which you will have the capability to make if you are given sole legal custody of your kids.

Physical Custody – Just as the name suggests, physical custody is all about the location of your child, or in other words, where they actually get to live. If you are given sole physical custody of your child for example, you have the right to keep your child in your home. Physical custody is twofold however and although one may earn the right to sole physical custody, the other spouse earns the right to visitation.

Although there is always the potential to end up with parents who have sole custody, this isn’t always the case. In most cases, the courts do want to ensure that both parents have a right to the child although this may differ in cases such as domestic violence and abuse in which the interests of the child will be the main factor. Generally however, most courts do their best to keep both parents in the lives of their children.

Custody is often the most important thing in a court battle involving divorce. That’s why it is important for you to know how the custody system runs in the state that you are in and the right which are afforded to each party, especially if your state allows the movement of the kids with the parent who has physical custody.