As a parent getting divorced, one of the most important decisions you may face involves the custody and continuing care of your children. You and your child’s other parent may work together to develop an arrangement that works for your family, or the court may determine and agreement for you if you cannot reach one on your own.
When heading into custody discussions, understanding the types of custody arrangements may help you create a plan suited for your family’s unique circumstances and needs.
Legal custody
According to the Commonwealth of Massachusetts’ website, you or the family law court may decide between sole and shared legal custody. Legal custody refers to your rights and responsibility to make important decisions about your child’s upbringing and care. This may include choices about medical care, education, emotional development and religion.
In sole custody arrangements, one parent retains the right to make such important decisions. If you share legal custody, however, you and your child’s other parent must work together to make such choices.
Physical custody
Physical custody has to do with where your child resides and the time that he or she spends with you and your former spouse. Under a sole physical custody arrangement, your child may live primarily with one or the other of you. In such a situation, your child’s other parent would likely have reasonable parenting time, or visitation, unless the court found that such contact would not benefit your child’s interests.
If you or the court decides on shared physical custody, your child may reside with both you and his or her other parent. For example, your child may live at your house Mondays through Wednesday mornings and every other weekend, while living at his or her other parent’s Wednesday evenings through Friday mornings and the opposite weekends.