That you love your kids is a given, so if you are considering a divorce, you are probably wondering what will happen to your children and how will the divorce impact your parenting. This article will discuss three basic facts about custody, which will help you plan for the future.
What is legal custody and what is physical custody?
- Custody is the legal rights and responsibilities of the parents or caretakers. Visitation is how and when each parent spends time with each child. Either parent can have sole custody of the child, or the parents can share the custody.
- Legal custody involves the right to make decisions on behalf of your children relating to school, health care, etc. Physical custody refers to where the kids actually live.
- It is common for sole physical custody to be granted to one parent and then visitation to the other. For legal custody, the preference if for the parents to share legal custody. Joint legal custody can be tricky because it means that the parents must share in the making the important decisions for their children.
What are some common schedules?
- Schedules can vary as per the best interest of the child, but some that are commonly used are as follows:
- For joint physical custody, common schedules include one week per each parent, 2-2-3 schedules where a parent has Mon/Tues, the other parent has Wed/Thursday and the first parent has Friday, Sat Sun.
- For sole custody, weekend visits from Friday-Sunday with one or two weekday visits.
Can the court favor one gender over another?
- No, the judge cannot favor one gender over another.
- The standard question in any analysis is what is in the best interest of the children.
- Judges have discretion, which allows for gray areas and wiggle room.
- Bonding is an important factor in child custody cases, and goes to the emotional attachment a child and parent have.
