Associate Attorney
Getting divorced involves a lot of decisions, especially when you are a parent. One of the most important decisions is who will have physical custody and legal custody of your children after the divorce.
If you are like many potential clients, you probably don’t know the difference between these two terms. It is an important difference that will determine much about your future relationship with your children.
Physical Custody
Before you got divorced, you, your spouse, and your children all lived in the same home together. After the divorce, you and your ex-spouse live in different homes. Consequently, your children can’t live with both of you at once.
Where your children live after the divorce is known as physical custody. This type of custody can be granted to a single parent (sole custody) or both parents (joint custody).
When the former is true, the child lives with the parent who has physical custody all the time. However, the other parent typically has visiting rights. This means they have the right to spend time with their children, and their children may spend days or even weeks with them at certain times of the year.
When parents have joint custody, their children live with each parent for roughly an equal amount of time each year. This may mean that the children live in each parent’s home every other week or that they switch homes based on some other similar schedule.
If parents live far enough apart, their children may live with one only during summer vacation and major holidays.
Legal Custody
Legal custody doesn’t refer to where your children live. Instead, it refers to who gets to make decisions about their upbringing. If you have legal custody of your child, you can make decisions about:
- Where they go to school
- What activities they participate in
- What medical treatment they receive
- Their religious upbringing
Typically, even if one parent has sole physical custody, both parents share joint legal custody. It is quite rare for a parent to lose legal custody because courts consider it important for both parents to have a say in how their children are raised, regardless of where they live.
Determining Physical and Legal Custody
There are typically two ways to determine child custody. The first way is to negotiate a custody arrangement both parents agree to. Typically, this is best when you and your spouse are willing to compromise.
The other choice is to let a judge determine custody. While this could get you the result you want without compromising, that isn’t likely. More often than not, a judge will determine a child custody arrangement that frustrates both parents in some way. The judge cares more about the best interests of the children than your convenience.
Regardless of which approach you take, you should consult with a family law attorney before making any decisions. They can help you get a custody arrangement that is good for you and your children.
Contact Patrick, Harper & Dixon in Hickory, North Carolina, Today
Are you getting divorced? Do you have children? No matter how you feel about your ex-spouse, you still love your children and want to have a great relationship with them. Our law firm can help you get the custody you need to maintain that relationship. Contact us today to schedule a consultation with a North Carolina family law lawyer.
