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6 common questions about child custody

On Behalf of | May 31, 2023 | Family Law

After divorcing with children, you’ll have to work out child custody with your spouse. A child custody plan can help determine what rights each parents have over their children after divorce.

It may help to learn a bit about child custody plans before you make one. Here are a few questions you may have:

1. What is physical custody?

Physical custody is the living arrangements for children after their parents’ divorce. In other words, physical custody determines each parent’s responsibilities to house children and where the children will live daily. Physical custody may also include the decisions relating to children’s daily routines, such as meals, clothing and bedtime.

2. What is legal custody?

Legal custody is often seen as more important than physical custody because it can help determine the long-term decisions about the upbringing of children. Legal custody may include aspects of a child’s medical decisions, dietary restrictions, religious upbringing and education.

3. How are physical and legal custody determined? 

Courts generally believe that it’s in the best interest of the children when parents share physical and legal custody. In some cases, parents have the right to fight for sole custody and limit how much responsibility the other parent has.

4. Do mothers always get full custody rights?

It’s often believed that mothers will always get the final word when deciding on child custody plans. But, fathers will often have as much of a chance to have custody rights as the mother.

5. How is visitation determined?

Parents can work out how visitation works. Most people try to plan around their school or work schedules when determining custody. Many visitation plans will rotate days or weeks when each parent will see their children.

6. How can you make the best child custody plan?

Creating a child custody plan can be difficult without understanding your legal rights. To help ensure you’re making the best decisions for your children and optimizing a custody plan that works for everyone, you may need to reach out for legal help.