Courts have options when splitting up custody between parents. They can issue joint custody, which means that both parents share custody rights. The court can also issue sole custody in some situations. This is less common, but it means that one parent is given custody rights and the other is not.
During this process, the court is going to address physical custody, deciding which parent will live with the child and care for them. They will also determine legal custody, which gives the parents the right to make decisions like choosing their child’s religion, school or doctor.
So, do both types of custody have to be divided the same way? If parents are given shared physical custody, does that also mean they have to share legal custody?
The division can be unique to the situation
No, the court is not obligated to divide custody rights exactly the same way, and they can look at the unique factors of the situation to determine what would be best.
For example, two parents may be fully mentally and emotionally competent to make decisions for their child, so the court splits legal custody. They have to work together to make these important choices.
However, one parent may have limitations regarding physical custody. Perhaps they are a high-profile business professional, an artist, an entertainer or an athlete. They constantly have to travel, so splitting physical custody rights equally does not make sense. The court could give sole physical custody to the parent who will be around more often, allowing the other parent to have visitation rights when they are in town.
This is just one example of how custody rights can be split up, and it helps to show why parents need to know about all the legal options at their disposal.