-
Step 1
Legal custody, and the types of legal custody. In a broad sense, but not definition, a parent with legal custody has legal authority to make decisions for his/her child on issues such as education, medical care, dental care, and religion. There are two types of this custody that is generally awarded.
a. SOLE LEGAL CUSTODY- One parent has absolute decision making authority for making decisions for the child.
b. JOINT LEGAL CUSTODY – Both parents must share in the decision making concerning the minor child. -
Step 2
PHYSICAL CUSTODY: In a broad sense, the parent with physical custody has the right to have his/her child live with him/her.
a. JOINT PHYSICAL CUSTODY- Is a myth. There is always a “Primary” custodian, who is the person that has the child over half of the year or is determined by court order.
b. SOLE PHYSICAL CUSTODY- Is when a child lives full time with one parent, and “visits” the other (know as “de-parentization”). -
Step 3
3. The myths of Legal custody concerning non custodial parents. In my experience, there are few parents out there that make joint decisions concerning their children after a separation. The custodial parent (usually the mother) will make decisions for the child that, if challenged in court, are almost always dismissed. If the NON custodial parent makes a decision, then the court, other parent and lawyers have a field day scrutinizing and prosecuting the parent for making the decision. The courts seem to feel that “momma knows best,” and usually doesn’t argue with the motives.
-
Step 4
4. Physical custody is what is the goal for a caring non custodial parent. This is what gives you the time with your child, and makes it count from a legal and support standpoint. Those (meaning Friend of the court agents or opposing attorneys) who say Physical custody doesn’t mean anything anymore, are usually trying to lull you into a false sense of security. It means everything legally. Whether they call it “Physical Custody”, or “Primary Custody” or any other name, at the core, it remains Physical custody.
