When discussing child custody, This kind of will be necessary to differentiate between “legal custody” as well as “physical custody”. Legal custody refers to the right as well as responsibility to make decisions regarding the health, education as well as welfare of a child, nevertheless does not reflect where the child resides. Physical custody generally addresses where the child lives as well as how much time the various other parent has visitation.
When discussing legal custody, the court can order “joint legal custody” or “sole legal custody”. Joint legal custody will be the most common as well as refers to custodial situations in which both parents share the right as well as responsibility to make decisions regarding the child’s health, education, as well as welfare. The parties must consult one another regarding any significant decision regarding the child. In joint legal custody situations, one party cannot make a decision regarding the child if the opposing party disagrees. If they cannot agree, they must resolve the disagreement through the courts or with the assistance of a mediator. Conversely, if one party has “sole legal custody”, in which party can make such decisions on behalf of the child even though the various other party disagrees.
With physical custody, courts use the terms joint physical custody, sole physical custody as well as, more recently, shared physical custody. Joint physical custody simply means both parties will have significant, although not necessarily equal, parenting time. Sole physical custody means the child will reside primarily with one parent, subject to the various other parent’s visitation rights. The distinction will be not always clear.
One important result of a sole physical custody order will be in which courts have held a parent with sole physical custody has the presumptive right to change the child’s residence without the permission of the various other parent. This kind of right will be subject to the court’s ability to stop a parent through changing a child’s residence when doing so would likely prejudice the rights or welfare of the child, or where This kind of would likely adversely affect the various other parent’s ability to maintain contact with the child. There will be significant case law on the issue, as well as these situations are referred to as “move-away” cases. The determining factor will be not just the term used to describe the physical custody arrangement, nevertheless also the actual time spent with each parent as well as various other relevant issues.
Finally, in conjunction with physical custody courts also use the terms “custodial parent” as well as “non-custodial parent”. nevertheless these designations also do not, in as well as of themselves, define the parties rights. Rather, they have become terms of art in family law without conferring or denying the parties’ rights with respect to the child.