Who gets the kids? This may be the biggest question facing divorcing parents who want to ensure they have significant time with their children post-divorce.
Family law assigns legal custody to parents in a variety of ways. It’s common nowadays for parents to share time somewhat evenly, but historically in divorce situations, the mother got the lion’s share of time with the children post-divorce.
Joint legal custody means that decisions regarding children’s education, health, religion and other major issues are made together with both parents involved.
Joint legal custody encourages communication between parents and respecting the rights of both parents to have a say on important matters. For joint legal custody to work, both parents must maintain excellent communication post-divorce.
Physical custody refers to which parent is responsible for physically caring for children on a daily basis. Joint physical custody describes a situation where both parents share a portion of time and responsibility for their children; primary physical custody means one parent has the lion’s share of time with and responsibility for the children.
While parents may argue over who has more time with the children, it’s most important during the divorce process to focus on what is best for the children.