Custody

Custody refers to parents rights to spend time with and make decisions about their children. When parents are no longer together, wisdom in the law designates one of the parents to make a final decision regarding these matters if they cannot agree.

Legal Custody

Legal custody describes parent’s rights to make major decisions concerning their children, including what doctors they see, where they to school, what activities they will participate in and what religious training they will be exposed to.

Sole legal custody is when only one parent has the right to make a decision about the child.

Joint legal custody is when both parents are involved in the decision making process; however, one parent must be designated as the time maker if they cannot agree on a dispute regarding major decisions affecting their children.

Physical Custody

Physical custody describes parenting time with children.

Sole physical custody is when children live exclusively with one parent.

Joint physical custody is when children spend approximately equal time with their parents.

Spilt parenting occurs when there are 2 or more children, and one parent has custody of one or more child and the other parent has custody of the other child or children.

Primary physical custodian descries the parent who the child lives with more than 50% of the time.

Non-custodial parent: describes the parent who has parenting time with the child less than 50% of the time.

How does the court decide who gets custody?

There are many factors the court will take into consideration when determining where the child should spend the most time and which parent should make final decisions about major issues affecting the child. A few of the factors include:

1.  Your love, affection, bond and emotional connection with the child;

2.  The child’s love, affection, bonding, and emotional connection with your family;

3.  Your knowledge and familiarity of the child’s needs;

4.  Your ability to provide food, clothes, medical care and provide for the child’s day-to-day needs;

5.  Your home environment;

6.  The child’s stability;

7.  Your mental and physical health, past and present conduct;

8.  Your support for the child’s educational, social, and extracurricular activities;

9.  Your work schedule and flexibility; and,

10.  All of the foregoing factors relating to the other parent.