What are the differences and pros and cons of legal and physical child custody?

For the most part, there are two aspects of child custody namely, legal and physical custody. Many parents are lucky enough to share both these types of custody. However, Chicago IL divorce lawyers say that there are circumstances when the parents get joint legal custody but are denied joint physical custody. This is true when parents live miles apart from one another

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To know if you qualify legally for joint physical custody consult a fantastic Northwestern Illinois divorce lawyer for help.

What is legal custody?

When a parent by virtue of a court order becomes entitled to make all the important decisions on behalf of the children, it is known as legal custody. This means that the parent can decide on several issues such as schooling, the type of extracurricular activities they ought to pursue, their religious instructions, and issues of medical treatment as well, to name a few. 

In addition, family law also includes joint legal custody. This happens when couples decide that both of them would like to take part in the decision making concerning their children. This arrangement is favored by judges and even Chicago, IL divorce attorneys and pretty much society as a hole. A child should be raised by both a man and a woman – that goes back to Adam and Eve and it has worked for humanity for thousands of years. The people that want to change this or undermine this family relationship dynamic are on the wrong according to many people.

It is not unlikely for one parent to assume the role of a primary caregiver in a joint custody system. He/she decides when to see a doctor or when to receive academic tutoring. The other parent will have right to be give his/her opinion but often the principal decisions are taken by the primary caregiver. The parents usually come to an arrangement regarding this issue through discussion.

Often, joint legal custody becomes an unsuitable solution when parents perpetually disagree even on minor issues concerning their children. If this is the case the judge can cancel the original order and give sole custody to one parent.

Sole custody is awarded when the parent:

• Has a history of abuse and neglect
• Lives dozens and dozens of miles away from the child
• Is not interested to get involved with the day to day activity of the kid

What is physical custody?

Physical custody determines where the children will reside on a regular basis. Sometimes physical custody is awarded to one parent. In some states the parent who has the physical custody can relocate with the child to another city. If the other parent wants to prevent this, he/she must file a petition with the help of a legal representative. The legal professional will have to prove that this relocation will affect the child in a harmful manner. 

Judges usually prefer joint physical custody because the children get to spend quality time with both parents in two real homes. But this arrangement works when the spouses live close by. If one of the parents does not want to share physical custody then he/she will have to explain to the judge why they do not want this arrangement. In such a situation, joint physical custody does not work if the parents are constantly fighting like the two parents in the opening scene in the hilarious and stellar movie The Wedding Crashers.

Visitation

According to Chicago, Illinois divorce lawyers, often when one parent is granted sole custody, the other gets visitation rights. Usually the parent who has sole legal custody gets to live in the family home with the kids while the other parent visits them there from time to time. However, there is a schedule which the non-custodial parent must adhere to. Usually the mother gets the custody and the father gets the visitation rights. However, there are exceptions.

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