Child Custody Questions and Answers
WHAT IS CHILD CUSTODY?
Child custody is a term that refers to the bundle of
rights and responsibilities that a parent carries with respect to
his/her child. Child custody includes numerous concepts, some of
which overlap and some that are distinct. The term child custody can
be further broken down into terms that shed additional light and
provide a greater understanding of the respective parents rights and
obligations with respect to their common child.
WHAT ARE SOME COMMON TERMS?
Legal Custody
The parent with legal custody can make all decisions
regarding the health, welfare and education of the child. Physical
Custody - determines which parent has the actual, physical right to
be with the child. Sole Legal Custody - when one parent is awarded
sole legal custody, that parent makes all decisions regarding the
health, education and welfare of the child (and the other parent has
no input on these decisions) [TOP]
Sole Physical Custody
When one parent is given sole physical custody, the
child remains with him/her and the other parent is excluded from
having physical custody of the child (typically when the other parent
has abused or neglected the child. [TOP]
Joint Legal Custody
Both parents participate in reaching decisions
regarding the health, education and welfare of the child. Joint
Physical Custody - both parents have the ability to be with the
child, typically joint physical custody is coupled with a parenting
plan to determine who will be with the child at what particular time. [TOP]
Shared Custody
Both parents equally share the legal and physical
custody of the child. Typically found only where both parents are
able to resolve their personal differences and keep them in check for
the sake of raising the child in a caring, nurturing environment. [TOP]
WHAT IS THE DIFFERENCE BETWEEN CUSTODIAL PARENT AND NON-CUSTODIAL
PARENT?
The custodial parent is the term that is used for the
parent that has primary physical custody of a child. Typically the
child resides with the custodial parent.
The term non-custodial parent is used for the parent
that has the child for a lesser amount of time. Typically the child
does not reside with the non-custodial parent except during the time
that the non-custodial parent exercises his/her visitation right with
the child.
Typically, the child is either with the custodial
parent or the non-custodial parent but not both. This arrangement
comes as a result of the separation of the parents and both parents
maintaining separate residences.
The child resides with the custodial parent most of
the time and the non-custodial parent spends time with the child
during periods of child visitation. This way, both parents get to
spend time with the child despite having separate residences. [TOP]
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