Types of Primary Physical Custody
There are different types of primary physical custody, which include sole physical custody, shared physical custody, and primary caretaker. Each has its advantages and disadvantages, and it is important to understand all of them before making a decision.
Shared physical custody vs sole physical custody
Sole physical custody is a legal term that enables a parent to have the exclusive right to decide where a child will live. This means that the child lives with that parent most of the time. However, that does not mean that the other parent is not allowed to see the child.
Sole legal custody is a similar arrangement. The parent with sole legal custody has the right to make all major decisions for the child. These typically involve health care, schooling, and discipline.
Generally, the parent with sole physical custody has regular, scheduled parenting time with the child. But it is not uncommon for the parent to spend the weekends with the other parent. If the other parent is unable to spend time with the children, he or she may need to have supervised visitation.
A judge will also consider other factors when deciding whether or not to award sole physical custody. For example, the court may decide that the parent with sole physical custody is not safe to be with. Moreover, the parent may have substance abuse issues. He or she may also have a mental health disorder.
Sole physical custody is not always granted, however. In some cases, the parent with sole physical custody is able to move across the country without consulting with the other parent.
Shared physical custody vs primary caretaker
In the world of parenting, parents are often faced with deciding whether to have primary physical custody of their children or shared physical custody. Both have their merits.
Primary physical custody is when the child spends most of his or her time with the parent who has taken care of the child. This gives the primary caretaker more control over the upbringing of the child. The parent may also be entitled to visitation rights.
On the other hand, shared physical custody is when the child shares his or her living arrangements with both parents. While this arrangement can make life easier for a child who is facing a separation or divorce, it can also create some negative effects.
Shared physical custody is generally not advisable for parents who live far apart. When children are split between two homes, they may not get to experience a normal routine. They may not have a stable place to go to during school breaks. It can be expensive to maintain a joint custody arrangement.
Ultimately, the decision of whether to have primary physical custody or shared physical custody comes down to what is best for the child. During a divorce, parents should come to an agreement about what will be in the best interests of their children.
Legal custody vs physical custody
There are two kinds of child custody: legal custody and physical custody. The terms are often used interchangeably, but they are actually separate.
Legal custody refers to the right of the parent to make major decisions that affect the welfare of their child. It can be sole or joint. This right involves the making of important life choices such as education, healthcare, religious upbringing and other decisions.
On the other hand, physical custody is the right of the parent to have their child live with them. It may involve the child spending most of the time with the parent or it might be based on a schedule.
For example, the non-custodial parent might see the child every other weekend, or they might have limited visitation rights. Generally, the courts want to ensure that there is frequent contact with the children.
However, the court is also influenced by the parents' personal preferences. In some jurisdictions, there is an explicit policy that states there is no presumption of favoritism when it comes to legal and physical custody.
Although there is some overlap between legal and physical custody, the court will likely focus on the most practical option. Specifically, they will examine the best way for the parents to share their parenting time.
In general, the best option is to have a well-designed parenting plan that outlines the specific schedule for the parents. This will also limit confusion and arguments later.
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