Courts often have to divide child custody when couples split up. These may be married couples who are getting a divorce or unmarried couples who are going their separate ways but still need to co-parent. If they can’t agree, the court can make a ruling about how custody will be divided.
Custody can be granted jointly, meaning both parents share custody rights, or the court can assign sole custody to one parent. It all depends on the specifics of the situation and what the court believes is in the child’s best interests. While dividing custody, there are two main categories:
1. Physical custody
The process often starts by dividing physical custody, which determines which parent will provide care and with whom the child will live. In some cases, courts will split physical custody so that both parents have primary custody on an alternating schedule. In other cases, one parent may have custody the majority of the time, while the other parent has visitation rights or sees the child on a more limited basis.
2. Legal custody
Beyond physical custody, the court must also divide decision-making power, which is known as legal custody. While children are minors, parents must make important decisions regarding matters such as the school they will attend, the healthcare they should receive and other significant aspects of their lives. With shared legal custody, parents must compromise and work together to make these decisions.
Splitting custody can be complex and sometimes leads to disputes between co-parents. Those involved in the process need to be fully aware of their legal options during this time.
