If you are a parent getting a divorce, child custody issues – or your legal rights as a parent to your children – may be high on your list of concerns. There are several basic terms to understand when going through the child custody process.
These terms include legal, physical, joint and sole custody. By learning more about what these things mean, you will be better prepared to discuss the child custody options and navigate the process ahead.
What are legal and physical custody? How do they differ?
Legal custody refers to your rights to determine how your children are raised. If you have legal custody, you can make major decisions on behalf of your children, such as where they go to school, how often they see a doctor and what religious instruction they receive.
Physical custody, in comparison, refers to where your children live. If you have physical custody, you are expected to provide for your children’s daily needs, such as food, clothing and shelter. You would also be responsible for making sure their daily routine is met, such as arriving at school on time.
What does joint versus sole custody mean?
Courts award legal and physical custody to parents either “solely” or “jointly.” If you have sole legal and physical custody, that means that you are entirely responsible for meeting your children’s needs and managing their upbringing. Your children’s other parent may still have some limited visitation rights, or they may be entirely excluded from your children’s lives.
However, sole custody is unusual. West Virginia courts prefer some kind of joint custody arrangement so that both parents can remain actively engaged in their children’s lives. With joint legal custody, parents must make important decisions for their children together, while joint physical custody means that they will most likely have an arranged schedule that allows each of them parenting time.
Want to learn more about your child custody rights and options? Experienced legal guidance can help you better understand what to expect in your specific case.