Even during an uncontested divorce, child custody decisions need to be made. The couple may still be on relatively good terms and looking for a joint solution, but they need a court order defining their parental rights moving forward.
Broadly, child custody rights can fit into two main categories: legal custody and physical custody.
A focus on parenting time
With physical custody, each person is allowed a certain amount of parenting time. There are a wide variety of schedules that can be used. Some parents exchange the children every other week, for instance, while others will have multiple midweek exchanges.
Either way, the parent who does have custody lives with the child, cares for them and handles the day-to-day responsibilities of being a parent.
Making important decisions
With legal custody, however, parents are focusing on their decision-making power after the divorce. In many cases, minor children need to have decisions made for them by their parents, and those with legal custody have a right to do so. These decisions could involve healthcare, religion, education and more.
One important thing to remember is that, if they are both allotted legal custody rights, then they have to make these decisions together. Unless there is an emergency, neither parent has the right to simply make these key decisions on their own. Instead, they must consult with their ex and come to a decision jointly.
Your custody rights
Splitting up custody rights is important during divorce, and you must know exactly what rights you have and how the court order applies. It is important to know what legal steps to take as you navigate this process.
