When a couple with children splits up, they must reach a custody agreement. In most circumstances, the court believes it’s in a child’s best interests to maintain relationships with both parents. Although a precise 50/50 arrangement might be the fairest arrangement, there are logistical considerations that may make this agreement impractical or impossible. As a result, most parents end up with some combination of the different kinds of custody, explained below by the family law attorneys at Smith & Tabor Attorneys At Law in Toccoa, GA. 

Family Law Glossary of Custody Terms

Legal Custody

Parents who have legal custody of their children have the right to make decisions on their behalf. Their kids may not necessarily live with them, but they have a say in their upbringing, including elements like schooling, health care, and religion. It is common for both parents to have legal custody of their children. 

Physical Custody 

If you want to continue living with your children after the split, you must seek physical custody. If both parties prove to be fit parents and it is logistically possible, the court may award them both physical custody, which means the children will spend a portion of their time at one parent’s house and the rest of their time at the other’s. 

Sole Custody 

If a parent has sole physical custody of a child, it means he or she is the primary caregiver. The child lives with him or her full-time but may see the other parent periodically if a visitation schedule is in place. Even if a parent has sole physical custody, it is common for the court to award a joint legal arrangement, unless the noncustodial parent is proven unfit to make decisions on the child’s behalf. 

Joint Custody 

Family law judges try to award a joint custody arrangement whenever possible. Parents may have joint legal custody, joint physical custody, or both. Unless spending time with you ex puts your child’s health, safety, or welfare at risk, you can expect the judge to order a joint arrangement. Keeping a child from a parent is challenging, but if your ex is an unfit parent, a family law attorney will help you gather the evidence needed to support the claim. 

Child custody tends to be the most contentious aspects of ending a relationship. Fortunately, a seasoned family law attorney will fight on your behalf for the arrangement that benefits your child most. For help navigating custody proceedings, turn to Smith & Tabor Attorneys At Law. Based in Toccoa, they are experts in the statutes governing family law in Georgia. Visit their website or call (706) 886-5141 to request an initial consultation with one of their divorce attorneys today.