If you are a parent going through a divorce, then one of your major concerns is likely your right to raise your children. During your divorce process, you may go through a child custody process to decide what rights you and your spouse have as parents. When preparing for the child custody process, you may want to learn about a few terms that can help you protect your rights.
If you want to learn more about your rights as a divorcing parent, here is what you should know:
1. Legal custody
Who decides where your children go to school? Would you want your children to undergo surgery for a medical issue? What type of diet will your children have? These are all decisions you could make if you have legal custody. Legal custody refers to a parent’s right to decide how their child is raised, including their daily routines and major decisions for their upbringing and well-being.
2. Physical custody
Where would your children live if their parents did not live in the same house? Which parent would be responsible for making sure they attend school? Physical custody refers to where a child lives after their parents divorce. Parents with physical custody are typically responsible for meeting their children’s daily needs, such as food and medical care.
3. Joint custody
Can parents continue sharing custody after a divorce? You could have joint custody with your spouse after a divorce. Joint custody typically means that parents share legal and physical custody rights, although that is not always the case.
4. Sole custody
What if a parent is not fit to raise their children? You could receive sole custody, which would give you full legal and physical custody rights of your children. Your spouse may have limited rights as a parent, but still retain some visitation.
Knowing your rights as a parent going into a divorce is crucial when deciding how your children are raised. Legal guidance can help you protect your interests and your children.
