After the divorce, your and your spouse are going to decide how you want to handle child custody. There are different types of child custody so I will address another form of child custody called physical custody. So what is physical custody and what does it entail? For those going through the hardship of a divorce and you have children, you’ll be hearing these words stated numerous time. But what does it mean?
Physical custody is the general term used to reference the actual and physical location and care of the child. There are numerous types of physical custody, such as joint and sole.
The parent who has custody of the child is considered a ‘custodial parent.’ This parent has the right to make decisions regarding the child’s education and health, and is also granted by the court the right to have the child reside with him or her.
Child Custody: How is Physical Custody determined?
Physical custody is decided by the court system when parents are disputing or unable to come to an amiable agreement for the welfare and residing of the child. This is not the ideal situation for resolving how the child will be handled and cared for, but is sometimes necessary.
Many divorcing couples find the use of a mediator, or other family members to be helpful in deciding these subjects peaceably. Some will sit down and work out the details without needing to use the justice system to decide it for them. Some parents will even involve the child in this decision, though the effectiveness of this has been debated. Some would say that having a little one decide between parents can put great and unneeded strain on such a young mind and heart.
Child Custody: What happens if the parents can’t agree?
If and when the parents find that they are unable to peaceably decide how to share the responsibilities and residing of the child, they will go before the courts to have a judge decide for them, and help them sort out what is right. This should be avoided if possible, as it can cause further tension in the relationship and lead to even harder feelings in an already strained