Physical custody rights address a child’s living situation and a parent’s responsibility. For instance, two parents may have gotten divorced, so they have a child custody schedule where they swap physical custody of their child every other week. The parent with custody is responsible for providing for the child, taking care of them, living with them in the home, providing transportation to school and the like.
But the court order may also address legal custody rights. How are these different, and what areas do they focus on?
Decision-making powers
Legal custody rights do not refer to living situations, but rather to decision-making abilities that parents have. When a child is a minor, their parents have to make many choices for them, and legal custody rights define who gets to do so. Common areas to address include:
- What type of medical procedures or healthcare is authorized for the child, or what doctor or pediatrician they see
- What type of religion the child is exposed to or brought up in
- What type of education the child gets and which school they are enrolled in when they are old enough
- Where the child is going to open a savings account, a checking account or other financial accounts in their name – perhaps sharing joint ownership with the parent
Legal custody rights can sometimes lead to disputes, such as when two parents cannot agree on which school to choose or what type of medical care is appropriate for the child. It is crucial that parents understand their legal rights and the steps they can take to resolve such a dispute.
