Dividing up child custody rights is one of the main areas of focus when parents are going through a divorce. Some parents agree that they want to share custody, so they just need to figure out exactly how to make that happen. Other parents want to get sole custody, so the court may need to issue an order determining if that will be authorized or if the court thinks it is in the child’s best interests for the parents to share custody rights.
The first area to consider is known as physical custody. You have to determine which parent a child will live with, which house they will live in, when you will make exchanges and what your custody schedule will look like. Each parent needs to know when it is their responsibility to be in charge of the child and when they need to drop the child off with the other parent. In some cases, physical custody is divided equally, but not always.
Making decisions for the child
Secondly, parents need to focus on legal custody rights. They are going to need to make many decisions for the child as long as they are a minor, such as which doctor they should see or which school they will be enrolled in.
This can sometimes get complicated, especially when the court decides that the couple has to share legal custody rights. This often means that they need to compromise and make decisions jointly. It is important for parents to remember that they cannot exclude their coparent from these decisions if legal custody has been split between both of them.
While navigating a divorce, it is critical that parents understand both their rights and legal obligations.