Basic Child Custody Terminology
In divorce litigation, many times nothing can seem more stressful for a parent than the issue of child custody. In order to make informed decisions regarding custody of your child, you need to first understand the basic terminology.
Think of child custody as a broad topic encompassing the sub-topics of legal custody and physical custody, then use various combinations of joint and sole for each kind of custody.
Legal custody has to do with decision making authority for the child. The three main topics for decision making regarding children are generally health, education and religion. In metropolitan Atlanta, it has been my experience that the vast majority of judges will award joint legal custody and designate one parent as the final decision maker (usually the physical custodian of the child). Joint legal custody creates a duty for the parents of the child to communicate with one another and to seek each other's input regarding major decisions affecting the well-being of their child. This is a good thing…usually. It is a good thing because usually a child will benefit from the involvement of as many people as possible (at the very least two parents) in his or her life.
Physical custody describes where the child is actually physically located. Often times, a “true” joint physical custody arrangement is great for the parents and difficult for the children. It is difficult for the children because they grow up living out of a suitcase without a real feeling of home. It is important to remember that the standard used in determining custody is the best interests of the child, not the parents. This is why more often than not, the Court will award physical custody to one parent and liberal visitation to the other parent.