It’s very common for parents to share custody after a divorce. Courts generally try to use shared custody when possible, as it is typically better for children to be involved with both of their parents. Sole custody is sometimes used, but typically only when there’s a clear reason to do so that would be in the child’s best interests—such as if one parent lacks the ability to care for them or if the child may be in danger living with that parent exclusively.
Shared physical custody
Shared physical custody just means that the child lives in one home and then the other, alternating on a predetermined schedule. For instance, one parent may live with the child on the weekends while the other has them during the school week. In other cases, parents may switch back every other week or every three days. It all depends on the specifics of the case.
Sharing decision-making abilities
With shared legal custody, though, the court is giving both parents the ability to make decisions on their child’s behalf. This is separate from physical custody. It does not determine where the child lives, but addresses things like:
- Healthcare decisions
- Educational decisions
- Religious decisions
- Financial decisions
For instance, two parents may share physical and legal custody of their five-year-old child, who will soon be enrolled in school. Because they share legal custody rights, the parents have to agree on which school to enroll the child in. They must work together and find joint solutions, rather than one parent unilaterally making that decision on their own.
This can sometimes lead to conflict when parents have very different opinions, and it may even be necessary for a court to rule. At these times, it’s critical that the parents understand all of their legal options and rights.
