The Two Kinds of Child Custody Regulations

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.