Is legal or physical custody more important for divorcing parents?
When parents divorce, they have to settle family matters in addition to addressing financial issues. Parents often focus more on the division of parental rights and responsibilities than they do on property division matters when they divorce.
Preserving their connection with their children is more important than any other element of the divorce. Given how emotional the issue can become, parents sometimes struggle to set reasonable and achievable goals for custody proceedings. They can sometimes waste time and money pushing for arrangements that aren’t realistic.
For example, some parents decide that they want to seek sole custody without family circumstances that justify that arrangement. They just want to avoid seeing their spouse. Typically, judges want to see parents cooperate by sharing custody as much as possible. Parents may need to either negotiate arrangements for legal and physical custody or ask a judge to divide custody for them.
Should parents prioritize physical or legal custody when they negotiate parenting arrangements?
Both types of custody are important
When parents talk about custody concerns, physical custody is usually what they discuss. Physical custody involves parenting time and the obligation to provide for the daily needs of a child. Parents often spend a lot of their time and energy trying to maximize how much physical custody they receive in a divorce.
Legal custody can be equally important for involved parents. Legal custody refers to the authority parents have to make choices on behalf of their children. From religious observances and education to medical care, legal custody controls many important aspects of a child’s upbringing.
Both parents typically need to share both legal and physical custody in litigated custody arrangements. Judges try to give both parents adequate time with the children and a say in their upbringing. Parents usually have to follow the set schedule and consult with one another when making non-emergency decisions about their children.
However, parents can sometimes negotiate their own arrangements in which one parent may have more parenting time or more authority regarding certain types of decisions. Provided that they settle the issue on their own, they can set whatever terms they both agree are appropriate.
The involvement of parents previously and the needs of the children can strongly influence the outcome of custody negotiations in a pending divorce. Understanding the terminology used in custody cases can help parents set goals and pursue legal strategies in informed ways.