When parents divorce, one of the hardest and most important decisions involves child custody. Child custody determines who has the legal authority to make decisions for a child and where a child lives.
Courts typically divide custody into legal custody and physical custody. Each of these can be awarded jointly to both parents or solely to one parent, depending on the best interests of a child. Understanding the difference between joint and sole custody can help parents prepare for custody negotiations. Here is what you should know:
Joint legal custody
Joint legal custody means that both parents share the responsibility and authority to make decisions for their child’s life. Many of the major decisions parents can make together for their child can focus on education, healthcare and religious upbringing. Parents who share legal custody are expected to communicate and cooperate on any major decisions for their child.
Sole legal custody
Sole legal custody means the one parent has the exclusive right and responsibility to make major decisions for their child. The parent with sole legal custody does not have to make decisions with input from the other parent. This arrangement is often made when it is not in the best interests of a child for parents to share decision-making.
Joint physical custody
Joint physical custody means that a child will alternate between living with each parent. Parents can create a custody schedule to determine when each parent is responsible for their child’s daily care.
Sole physical custody
Sole physical custody means that a parent primarily lives with one parent. The other parent may be given visitation rights. Courts may award sole physical custody if one parent does not have a stable housing situation, lives far away or travels often.
Professional legal guidance can help prepare parents for child custody negotiations.