When parents discuss how they want to split up child custody, they are often just thinking about when the child will live with each of them. They are likely looking for a solution that fits their work schedule or the children’s school schedule. They may be trying to divide the time evenly, such as creating a schedule where they will both see the child for roughly 50% of the month.
All of this is important and will be the focal point of a child custody ruling. But it is also important to remember that child custody rights go beyond living situations and also address who gets to make important decisions on the child’s behalf.
Legal custody rights
These are known as legal custody rights, as opposed to physical custody rights. When certain questions arise, the parent with legal custody rights gets to make a decision. Examples include:
- Where should the child go to school?
- What pediatrician should they see?
- What religion should the child be brought up in?
One key detail to keep in mind is that the court does not have to divide both types of custody rights in exactly the same way.
For instance, one parent may travel frequently for work, so a 50-50 split of physical custody rights does not make sense. Instead, one parent has primary custody, and the parent who travels gets visitation rights when they are home. But the court could still give 50-50 legal custody to each parent, so they have to work together when making important decisions like enrolling the child in a new school or approving a certain type of medical care.
Your custody rights
As a parent, it is critical that you understand exactly what custody rights you have and what legal steps to take if a dispute arises.
