In a dissolution or paternity action, the Court will determine legal and physical custody of minor children. Legal custody of a child means having the right and the obligation to make decisions about the child's upbringing. A parent with sole legal custody can make decisions about schooling, religion, and medical care, for example. Courts often award joint legal custody, which means that the decision making is shared by both parents.
Physical custody means that a parent has the right to have a child live with him or her. Joint physical custody is common. In that situation, the child spends significant amounts of time with both parents. Joint physical custody works best if parents live near each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine.
Joint physical custody is generally governed by a parenting plan, which is a child custody schedule that governs when the child will be with each parent. Parents are encouraged to work together and agree to deviate from the parenting plan when necessary. However, absent agreement by both parents, the parenting plan governs.
You should make your attorney aware of the physical custody schedule you would prefer. When thinking of a physical custody schedule, you should always keep in mind what is in the best interest of the child. For example, the child has a schedule including school and activities. The child’s schedule should play an important role in the physical custody schedule. Also, if one parent is out of town often for work, this should also be reflected in the custody schedule. Allowances should be made so that the traveling parent can spend quality time with child.
Parents know their children better than anyone else and are the most capable of doing what is in their children’s best interest. It is important that parents always remain focused on the best interests of their children.
