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What is child custody, and how is it determined?

On Behalf of | Aug 2, 2024 | Child Custody

Divorce is a complicated process, especially if there are children involved. No parent wants to lose their children in a divorce. As such, parents can arrange for child custody after a divorce. Child custody determines what rights and obligations divorced parents have concerning their children. 

Parents going through a divorce should know about the basics of child custody. Here is what you should know:

Physical and legal custody

Child custody can include physical and joint custody rights. Physical custody is where children live daily. Parents can split child custody and make a custody schedule. A child custody schedule can outline which parent is responsible for providing for their children’s needs daily, such as food, shelter, clothing, etc. Many parents will rotate custody every few days or every other week so that each parent has time with their children. 

Legal custody determines how much control each parent has over their children’s lives. For example, parents can decide what doctor their children will see, where they go to school or what kind of diet their children should be on. 

Joint and sole custody

Child custody can be defined as joint or sole custody. Joint custody means that parents share physical and legal custody rights and will work together to raise their children after a divorce. Sole custody means that one parent will provide for their children daily and make decisions for them. 

Planning for a child’s best interests 

Deciding child custody is not easy. Parents and family courts have to consider each child’s best interests when arranging child custody. A child’s best interest can include a child’s safety, relationship with each parent and home environment. A parent’s ability to provide for their children can also affect child custody. 

Legal guidance is available to educate parents on their custody options.