When couples get divorced, if they have children together, one aspect that they have to address is how physical child custody will be split up. This only refers to which parent will live with the child at certain times. Legal custody, referring to making important decisions on the child’s behalf, is typically a separate issue.
There are a variety of factors to consider when looking at physical custody determinations. The first is whether the court will order sole or joint custody rights. One parent may get sole physical custody so that the child lives with them 100% of the time, but there are many cases in which custody will be shared between both parents.
Making custody exchanges
The most common solution is for the couple to then set up an exchange schedule. This will vary significantly, depending on the parents’ own work schedules, the child’s school schedule and other such factors.
For instance, some couples exchange their children every other week. In other cases, couples will have a midweek exchange, such as a 2-3-2 schedule. When couples live a significant distance apart, exchanges may be less frequent, such as children seeing one parent over the summer vacation but primarily living with the other parent during the school year.
Visitation rights
Another detail to consider is that, even when one parent is given primary custody, the other may still have visitation rights.
In some situations, visitation is fairly open-ended. The parent can take the child and spend the day with them on their own, even if they return home for the night. In other cases, supervised visitation will be used. The custodial parent or another adult may be present the entire time, even though the non-custodial parent still has a chance to see their child and spend time with them.
If you are going through a divorce as parents, these details can become complex. Be sure you understand all of your legal rights at this time.
