When couples go through a divorce with children, they have to divide custody. This includes their decision-making power, which is known as legal custody, along with their right to live with the child, which is known as physical custody.
In many cases, these will be split up similarly. For instance, the court may evenly divide both physical and legal custody between two parents. This means that they get equal time with the child living with them in their home, and that they have to communicate about key decisions like where the child goes to school or what healthcare they should receive.
But would it be possible to only get legal custody and not physical custody? Why would that happen?
The child’s safety
Typically, courts are focused on the child’s best interests, and safety is a major component of that. If there is a reason to believe it wouldn’t be safe for the child to live with one parent, the court may deny that parent physical custody rights. Perhaps the parent would just be given a right to supervised visitation. But they could retain some legal custody rights so that they can work with their ex when deciding how to raise the child and making these key decisions.
Logistical challenges
In other cases, it may be difficult for one parent to have physical custody to begin with. Perhaps they’re in the military and could be deployed, or perhaps they are an athlete or entertainer who often has to travel for work. They may visit the child when they’re at home, rather than having consistent physical custody, but they may still get legal custody rights.
Of course, every divorce case is unique, so parents need to know exactly what legal options they have.