A parent of any minor child has the right to custody of their own children. This originates from the exercise of parental authority. According to the Family Code, both the father and mother of a child shall exercise their authority over the persons of their children. So if you and your spouse are about to get a divorce, it’s only important to know the different types of child custody which are as follows: legal custody, physical custody, sole custody, and joint custody. This site https://eatonfamilylawgroup.com/child-custody/ can tell you more about these.
The legal custody of a child means the parent has the right and obligation to decide about aspects that pertain to the child’s upbringing. A parent who has the legal custody of the child can decide about the child’s religious upbringing, education, and health care. In most states in the US, the courts often award joint legal custody, which means that the decision making as regards the elements mentioned earlier is granted to both parents.
Physical custody pertains to the parent’s right to have his or her child live with him or her. Some states will award joint physical custody where the child spends a significant amount of time with each parent. This arrangement works best if the parents live near each other. This will be less stressful on the children and it will not let them change their routine that much. The child may live with one parent permanently while the other has visitation rights. In this case the parent the child lives with has sole or primary physical custody.
This means that a parent may have sole legal custody or sole physical custody of a child. Courts don’t hesitate to grant a sole physical custody to one parent when the other is considered not fit for the responsibility due to substance abuse, neglect, child abuse, and other factors that you may find here: https://eatonfamilylawgroup.com/child-custody/.
However, in many states, courts try to steer clear from giving sole custody to one parent. They are working towards broadening the scope that parents portray in their children’s lives.
Parents of a child who don’t live together can have joint custody or shared custody. They will be sharing the decision-making responsibilities and/or physical custody of their children. Joint custody can be joint legal custody, joint physical custody (the child may spend a certain amount of time with each parent), or joint legal and physical custody.