Custody refers to the rights and responsibilities parents have regarding their children after a separation or divorce. There are two main types of custody: legal custody and physical custody. Both determine different aspects of a child’s upbringing and care. Understanding these terms can help parents navigate their rights and responsibilities more clearly.
What is legal custody?
Legal custody refers to the right to make important decisions about your child’s life. This includes decisions related to their education, healthcare, religion, and general welfare. Under Wisconsin law, parents can have joint legal custody, or one parent can have sole legal custody.
Joint legal custody means that both parents share the responsibility for making these decisions. Sole legal custody means that only one parent has the authority to make these choices.
What is physical custody?
Physical custody, on the other hand, refers to where the child lives and which parent is responsible for the day-to-day care of the child. A parent with physical custody is the one who provides the child with their daily needs, such as food, shelter, and supervision. Like legal custody, physical custody can be joint or sole.
Joint physical custody means the child spends significant time with both parents. Sole physical custody means the child primarily lives with one parent, though the other may still have visitation rights.
How do legal and physical custody work together?
It is possible for parents to have joint legal custody but sole physical custody, or vice versa. This means both parents may have the right to make decisions for the child, but only one parent may have the child living with them most of the time. Courts will choose arrangements that serve the best interests of the child.
Knowing the difference between legal and physical custody can help parents understand their rights and obligations in a custody arrangement. Each type of custody plays an important role in ensuring a child’s well-being and care after a separation.
