Divorcing with minor children can leave parents unsure of their rights. They may worry about how the end of the marriage might affect their bond with their children. Stories about poor custody outcomes are common, and many people may struggle to separate fact from fiction when trying to research custody matters in preparation for an upcoming divorce.
There are specific types of custody that the courts may award to parents. Understanding the terminology used can make it easier for parents to negotiate with one another and understand their options as they seek to divide parental rights and responsibilities.
What are the types of custody available for divorcing parents in Pennsylvania?
Joint and sole custody
The most contentious aspect of custody is often how much parents have to share with one another. Decades ago, it was somewhat common for the courts to award one parent sole custody and grant the other visitation.
However, that has changed. Decades of research into the development of children and the impact of divorce have influenced how the courts handle contested custody cases. Currently, the courts favor shared custody arrangements as long as they are in the best interests of the children.
Parents usually have joint or shared custody, which means that each of them has a degree of legal responsibility and certain parental rights. The exact division of parental rights and responsibilities depends on the unique circumstances of the family.
Legal and physical custody
When talking about the allocation of custody, there are two types of custody that judges may award to one or both parents. Physical custody is what most people think of when talking about child custody.
Physical custody involves having time with the children and responsibility to meet their basic physical needs. Shared physical custody is quite common, with each parent receiving a certain percentage of overnight time with the children.
Legal custody has to do with the authority to make decisions for the children. Parents typically also share legal custody. Each parent has the authority to make decisions during their own parenting time. However, when parents share legal custody, they may need to communicate with one another before making any long-term decisions about the children’s upbringing.
Most parents need to seek a reasonable allocation of both legal and physical custody if they wish to remain an active part of their children’s lives. Knowing what terminology applies in child custody cases can help parents as they prepare to address their rights and responsibilities as exes.