I am a single parent and I understand that divorce could
mean you could never see your child again or your child lives with you, but this is not true. If you’re
planning an undefended divorce with your husband, it is important that both of
you know the differences in the kinds of child custody the legal system
recognizes.
1.
Legal Custody
The parent who makes the decisions as to where the child
will attend school, the religion the child will have and other medical matters
is given the child’s legal custody. Legal custody could mean a single parent
has this right to make decisions for the child or both parents could do so in a
joint legal custody.
2.
Physical Custody
The parent where the child will live in most of the time has
the physical custody of the child. Physical or residential custody also has its
own sub-categories.
-A sole physical custody allows the child to physically
reside only in one location. However, the non-custodial parent has more
visitation rights, including the right to take the child home and sleep over
during the day.
-A dual residence custody allows the child to live with one
parent for one part of the year and live with the other parent. This could also
be set for months and weeks, but the time spent in each location should be
equal.
