Child custody is possibly the most litigated issue in all of family law. These disputes inherently are extremely emotional and oftentimes drawn out.
There are two types of custody – legal and physical. Legal custody refers to the right to make decisions regarding health, education, and welfare of the child. Physical custody refers to how much time the child spends with the parent. Joint custody means both parents share the right and responsibility to make decisions relating to the health, education and welfare of the child. Generally, it is assumed that joint custody is in the best interest of the child unless there is good reason to recommend otherwise.
When a parent is granted sole legal custody, only they can make decisions regarding where the child’s health care, schooling, and other important decisions. When one parent is granted sole physical custody, the child resides with that parent, and the other parent will usually be allowed parenting time, otherwise commonly called visitation.