What is child custody?

There are two forms of child custody:

• Legal custody refers to decision-making with regard to a child. Legal custody gives a parent the right to make decisions about a child's education and choice of school, religious upbringing and extracurricular activities.
• Physical custody refers to where a child resides, such as if they will live with mom or dad.

A parent may have both physical and legal custody of a minor child, or the parents may be ordered to share physical and legal custody. Joint physical and legal custody is common when parents are able to cooperate and work together to raise their child, even though they no longer share the same home.

It is possible for one parent to have physical custody while both parents share legal custody. It is also possible that a child may reside with each parent 50% of the time.

The term sole custody is often used when one parent is awarded both legal and physical custody of a child.

The most common custody arrangements are:

• Sole physical and sole legal custody: When children reside primarily with one parent and that parent makes decisions for the children.
• Sole physical and joint legal custody: When children reside primarily with one parent and both parents make decisions for the children.
• Joint physical and joint legal custody: When children live with both parents and both parents make decisions for the children.

The court can make additional assignments of responsibility to a parent. For example, regardless of custody, the court may order that one parent is in charge of educational or medical decisions.

If either parent is unable to care for the child, a grandparent or other relative may be awarded custody.