Difference Between Parenting, Joint Legal, And Physical Custody Easy To Learn
Parenting custody, joint legal custody, and physical custody are all terms that relate to the legal responsibilities and decision-making authority over a child in the context of a separation or divorce. However, they refer to different aspects of that responsibility.
Parenting Custody
Parenting custody refers to the overall responsibility for a child's upbringing, including their care and welfare. It is the broadest type of custody and includes decision-making authority over major aspects of the child's life, such as education, healthcare, and religion.
The parent who has been awarded parenting custody is referred to as the custodial parent, and the other parent may have visitation rights or parenting time. The custodial parent is responsible for making day-to-day decisions related to the child's care and welfare, as well as long-term decisions related to the child's upbringing.
In some cases, parenting custody may be shared between both parents, with both parents having an equal say in major decisions related to the child's life. This is known as joint legal custody.
Parenting custody is typically determined by a family court judge based on the best interests of the child. Factors that may be considered include the child's age, needs, and preferences, as well as each parent's ability to provide a safe and stable home environment and meet the child's physical, emotional, and developmental needs.
Joint Legal Custody
Joint legal custody refers to a shared responsibility between both parents to make major decisions about their child's life, even if the child primarily resides with one parent. Under joint legal custody, both parents have equal rights and responsibilities to make decisions about their child's education, health care, and religion.
Joint legal custody allows both parents to have an ongoing role in their child's life, even if they do not have physical custody. It also ensures that both parents have a say in major decisions that affect their child's life.
Examples of decisions that may require joint legal custody include choosing a school or daycare provider for the child, deciding on medical treatments or procedures, and determining the child's religious upbringing. In order to make these decisions, parents with joint legal custody are required to communicate and work together in the best interests of their child.
It's important to note that joint legal custody is not the same as joint physical custody, which refers to where the child primarily resides. Joint legal custody can be awarded regardless of the physical custody arrangement. In some cases, joint legal custody may not be appropriate if the parents are unable to communicate effectively or if there is a history of domestic violence or other issues that would make joint decision-making challenging or unsafe.
Physical Custody
Physical custody refers to the legal right and responsibility of a parent to have their child live with them and make day-to-day decisions about their care and upbringing. The parent who has physical custody is also known as the custodial parent, while the other parent may have visitation rights or parenting time.
Physical custody can be awarded solely to one parent, known as sole physical custody, or shared between both parents, known as joint physical custody. In sole physical custody, the child lives primarily with one parent, while the other parent has visitation rights or parenting time. In joint physical custody, the child splits their time between both parents, with each parent having periods of physical custody.
When making a physical custody determination, a family court judge will consider several factors, including the child's best interests, the child's relationship with each parent, and the ability of each parent to provide for the child's physical and emotional needs. Other factors that may be considered include the child's age and developmental needs, the parent's work schedules, and the distance between the parent's homes.
Physical custody arrangements can vary widely depending on the unique circumstances of the family. It's important for parents to work together and communicate effectively to ensure that their child's needs are met and that the custody arrangement is in their best interests.
The Final Thoughts
Parenting custody, joint legal custody, and physical custody are all terms that relate to the legal responsibilities and decision-making authority over a child in the context of a separation or divorce. However, they refer to different aspects of that responsibility.
It is important to note that parenting custody refers to the overall responsibility for the child's upbringing, while joint legal custody and physical custody refer to specific aspects of that responsibility, namely decision-making and physical care, respectively.
