Typically, parents can have either physical or legal custody or both, and both physical and legal custody can be held solely by one parent or jointly by both parents. Take a look at what these different types of custody mean. You need legal custody to enroll your child in school, to choose what religion your child will practice, or to make medical decisions for your child. Even if one parent is not a full-time parent, it may be wise for them to have legal custody so that they can make important decisions in the event of an emergency, for example.
Physical Custody: Physical custody is what it sounds like — the person who has physical custody has the child living with them. However, physical custody does not necessarily mean sole custody. But parents can generally split these up in any way they choose as long as they both agree.
Some children stay with one parent during the week and another on weekends or alternate weekends, others may stay with one parent for most of the year but spend summers, spring breaks, and occasional weekend holidays with the other parent, or any number of other arrangements.
In those situations, visitation is often the solution. Visitation is what happens when one parent has sole physical custody, but the other parent has the right to regular visits with their child. Parents who have visitation may also have shared legal custody of their child or they may not, depending on the situation.
Some divorced or separated parents have informal visitation agreements, typically not mandated by court order, where the child lives with one parent and the other is free to take the child for daytime or overnight visits as they wish, as long as the other parent is agreeable.
Other parents have formal visitation arrangements, backed by court order, that specify which days and times the non-custodial parent will have the child. Supervised visitation is another variation. Often supervised visitation is a temporary arrangement and can be changed to unsupervised visitation if things go well. You may also hear about grandparent visitation. Whether or not grandparents and other non-parent relatives should have visitation rights can be a controversial question, and the laws vary from state to state.
In some states, they may be able to be awarded visitation rights. A legal resource group like National Family Solutions can help you understand the custody and visitation laws specific to your state that are likely to apply to your situation. The contents of this website are intended to convey general information only and not to provide legal advice or opinions. The contents of this website, and the posting and viewing of the information on this website, should not be construed as, and should not be relied upon for, legal advice or any particular circumstance or fact situation.
The information presented on this website may not reflect the most current legal developments. No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. Divorce can leave you feeling angry and bitter. But you should not attempt to revenge yourself on your ex by trying to get sole custody.
The latter is only for the most extreme circumstances. If you really do fear for the safety of your child and have proof that the other parent is a danger to them, then you should file for sole custody. Otherwise, the effort will be futile. Judges do not award sole custody based on how one parent feels about the other. If you are a grandparent who has been deeply involved in the life of your grandchild, then you may be able to gain visitation rights. A divorce should not break the bond that you have established with your child.
It may also be possible for you to get legal custody of the child if neither parent is fit to care for them. Child custody attorneys Ohio can give you the legal insight you need for either of the above actions. In most instances, both parties to a divorce want to […]. If you live in Ohio and need a Columbus divorce attorney, understand that you will need one […].
The holiday season is finally here, and families and friends that have been away from each other or busy for a major part of the […]. The holiday season is finally here, and most people are ready to have a good time. One challenge that, however, arises is the expenses that […].
The way in which bankruptcy will affect their credit scores stops people from filing for bankruptcy. The fact is […]. Our Ohio Attorneys provide services for all our clients through our four offices located in: Columbus , Cleveland , Cincinnati and Dayton, Ohio. Call us today for a Free Consultation. Legal custody refers to the decision-making done when raising. Parents need to choose schools, churches, values, and healthcare treatments.
Legal custody can be split between parents or given solely to one parent. Physical custody involves actual physical possession of the child or the parent with whom the child lives. Physical custody can also be given solely to one parent or split between the parents.
The child may live with one parent during the week and the other parent on weekends and holidays. A custody agreement can provide specific details about how time is split between the parents.
Visitation typically refers to the parenting time given to the noncustodial parent when the other parent has sole custody of the child.
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