Parents usually share responsibilities as long as they live together. They may have informal arrangements that work for the family. When they divorce or separate, everything changes.
An informal division of parental responsibilities is no longer sufficient. The parents probably need a formal custody order approved by the courts. Thankfully, parents still have the option of setting their own terms and then asking the courts to make them enforceable by converting an agreement into the outline of a shared custody order. Other times, litigation allows a judge to set shared custody terms.
Parents generally need to have arrangements in place to share both physical and legal custody. What separates these two important parental rights?
Both forms of custody are important
Typically, parents share both legal and physical custody when they live separately. Unless they reach an agreement establishing other terms or the courts determine that limiting one parent’s rights is in the children’s best interests, co-parenting is standard in most cases.
The parents have to share time with their children or physical custody. The adult with physical custody has an obligation to meet the children’s needs. They provide shelter, food and transportation as necessary.
Legal custody involves the authority to make decisions about the children. When parents share legal custody, they usually have to agree on major decisions. Each parent may have the power to make certain decisions during their parenting time. However, they may have to communicate with one another before making major decisions, such as choosing to transfer the children to a different school.
Understanding the basics of child custody can help parents negotiate for reasonable terms. Unless there are unsafe circumstances, parents usually share authority over and time with their children.
