If you’re a divorcing parent, you’ve likely heard the terms “physical” and “legal custody before. Please continue reading and reach out to a dedicated Oakland County child custody lawyer from our legal team to learn more about physical vs. legal custody and how we can help protect your child’s best interests, every step of the way. Here are some of the questions you may have:
What Does Physical Custody Mean?
In family law, physical custody refers to where a child lives most of the time. This arrangement dictates the child’s primary residence. Unlike legal custody, which involves decision-making rights about the child’s upbringing, physical custody focuses on the child’s day-to-day living situation. It’s crucial for parents to understand that physical custody is distinct from legal custody.
How is Legal Custody Defined?
Legal custody, on the other hand, pertains to a parent’s right to make significant decisions about their child’s life. These decisions can include educational choices, religious upbringing, and medical care. Both types of custody can be awarded solely to one parent or shared between both. In shared legal custody, both parents have an equal say in these important decisions, regardless of where the child primarily resides.
Why are These Distinctions Important in Michigan Divorces?
Understanding the nuances between physical and legal custody is vital for parents undergoing a divorce. The state’s family law courts consider various factors to determine the most beneficial custody arrangement for the child. It’s essential for parents to grasp these differences to advocate effectively for their and their child’s interests during a divorce proceeding.
Physical custody arrangements often dictate the child’s primary residence, while legal custody encompasses broader decision-making authority. The state of Michigan places immense importance on the child’s best interests when determining both types of custody. Therefore, it’s crucial for parents to work with an experienced Michigan divorce attorney who can effectively advocate for your child’s interests.
A parent with sole physical custody, also known as a “primary custodial parent,” typically handles the everyday care of the child. However, this does not automatically grant them sole legal custody. Joint legal custody is common, allowing both parents to share in the major decision-making, even if the child lives primarily with one parent.
In some cases, Michigan courts may award joint physical custody. This scenario involves the child spending significant time with both parents. The allocation of time might vary, but the objective is to ensure the child maintains a strong relationship with both parents.
Michigan’s legal framework encourages active involvement from both parents in their child’s life. However, the specific circumstances of each family can lead to varied custody arrangements. Factors influencing custody decisions include parental cooperation, the child’s needs, and each parent’s ability to provide a stable environment.
If you have any additional questions, or you’re currently facing a custody dispute, please don’t hesitate to contact Alan B. Cooper & Associates, PLLC for guidance today.