In some cases, when parents get divorced, physical and legal custody are split up in the same way. For instance, both parents may be given shared physical custody rights, meaning that they set up a schedule where they exchange parenting time and the responsibility of living with and raising the child. They may also be given shared legal custody rights, meaning they have to work together when making important decisions about religion, education, medical care and more.
However, physical and legal custody do not have to be divided the same way, so there are situations in which the court may think an unequal distribution is necessary.
2 potential examples
For instance, one parent may travel extensively, such as if they are an artist, an entertainer, an athlete or an executive with a multinational corporation. Because they are constantly on the go, the other parent may be given primary physical custody. But the parent who travels may still be involved in making key decisions for their child, so legal custody could be shared.
In other situations, the court may find that both parents can provide a stable and healthy living situation for the child, so they split up physical custody rights between both of them. However, they may decide that one parent is more fit to make important decisions, and that parent could be assigned sole legal custody. Both parents stay involved in the child’s life, but only one has the authority to enroll the child in school, authorize medical care and more.
Exactly how these different types of custody get split up during a divorce is a critical component that parents must understand. If it leads to conflict or disagreements, they need to know what legal options they have.