Custody
The legal arrangement determining which parent a child lives with (physical custody) and who makes major life decisions for the child (legal custody) after divorce.
Understanding Custody
Custody has two components: physical custody (where the child resides) and legal custody (authority over major decisions about education, healthcare, and religion). Each can be sole (one parent) or joint (shared). Joint legal custody is common even when one parent has primary physical custody. Courts determine custody based on the best interests of the child standard. Custody orders can be modified if there is a material change in circumstances. Most states now favor maximizing both parents' involvement unless safety concerns exist.
Real-World Examples
The court awards joint legal custody and primary physical custody to the mother, with the father having parenting time every other weekend and one weeknight.
State-by-State Variations
Some states like Kentucky and Arizona presume joint custody. Others like New York have no presumption. Terminology varies — some states use 'parenting time' instead of 'custody.'
Related Terms
The parent with whom the child primarily lives and who has primary physical custody. The custodial parent typically receives child support from the non-custodial parent.
Best Interests of the ChildThe legal standard used by courts to make all custody and visitation decisions. The child's wellbeing takes priority over both parents' preferences.
Co-ParentingThe shared responsibility of raising children after divorce, where both parents actively participate in major decisions and daily care according to a custody arrangement.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.