When parents in West Virginia get divorced, they have to determine how to split up custody. This can be done through the court, which will make a child custody determination. West Virginia law stipulates that this can refer to both physical and legal custody.
Physical custody is a fairly straightforward concept. The child will physically live in the home with one parent or the other. In order to split parenting time, the parents will make exchanges, so they need a distinct schedule telling them when to do so. A very simple schedule for parents who want to split that time evenly could be to exchange the child every other week.
But parents also have to make important decisions for their child while they are a minor, and that is determined with legal custody rights.
What types of decisions do they make?
Parents are generally in charge of their children and can often make decisions on their behalf that the child has no ability to make themselves. Common examples include:
- Choosing the school in which the child will be enrolled
- Opening a bank account in the child’s name
- Authorizing certain types of medical procedures or healthcare
- Determining which religion the child is going to be brought up in
Legal custody rights can also be split evenly, meaning parents have to make joint decisions and may need to compromise. But it is also possible for the court to give just one parent the legal responsibility for making these important decisions, even if both parents have physical custody rights.
Because every case is unique and complex, it can be helpful to work with an experienced child custody attorney.