A hot and often contentious subject during a Florida divorce revolves around your children. When you have to split everything, including the time you spend parenting your children, emotions often run at their highest.
It may help to understand what legal custody does and does not do. Learn more about how a court may split your rights when it comes to your children.
What is legal custody?
Deciding who has legal custody over your children is the preeminent parenting issue during divorce. This designation sets out who will have the right to make choices centered around parenting, including:
- Education
- Religion
- Medical care
Family law courts prefer to divide legal custody equally between parents to enable them each to have input into what goes on with the kids. One parent may receive the custodial designation in terms of school zoning. A judge may also allow that parent to have the final say when the parents disagree.
In some instances, sole custody may prove more beneficial for the children. This usually occurs when the court finds one parent is incapable of making decisions for their children for one reason or another.
What is physical custody?
The court refers to physical custody as parenting time. This is the schedule in the parenting plan that shows which parent will have the children at any time. A parenting time schedule should consider the children’s ages and needs and the parents’ availability to remain faithful to it.
Parenting-related issues involve many moving parts, but if you and your spouse can compromise, it will benefit your children in the short and long term.