In both states, there are two types of custody, “legal custody” and “physical custody.” Legal custody refers to which parent is entitled to make the major decisions for the child such as their medical, educational and religious upbringing. Unless there are concerns for a parent’s decision-making ability, like one parent having mental health or substance abuse issues, typically most parents will equally share in the major decision making for the child.
Physical custody refers to where the child will be living. Physical custody takes the custody factors into consideration and what custody schedule will be in the child’s best interest. In some cases that means the parents will equally share time with the child. In other cases, the child will live primarily with one of the parents. As there are a number of custody factors and arguments to be made over what is in the child’s best interest, it is crucial to have an experienced family law attorney to present your custody case in a persuasive manner to ensure your goals are met and your rights protected.