When facing a child custody hearing, many parents often confuse the distinction between physical and legal custody. Although frequently used interchangeably, these terms they have distinct meanings that will significantly impact your involvement in your child’s life after divorce.
As you prepare for a child custody hearing in Indiana, understanding the difference between physical and legal custody is crucial in securing the best possible outcome for your family. How do these terms truly differ, and what do they mean for you and your child?
What is physical custody in Indiana?
Physical custody involves the daily care and supervision of your child. This includes providing them with a stable and nurturing environment, including food, shelter, clothing and education.
In Indiana, as in many U.S. states, courts often favor joint physical custody arrangements when possible. This means both parents share significant time with the child, even if it is not exactly equal. For example, with primary physical custody, you might have your child from Monday to Friday, while your co-parent has weekends and holidays. On the other hand, if the court grants you sole physical custody, your child will live with you full-time, and their other parent may have visitation rights.
What is legal custody in Indiana?
With legal custody, you hold the authority to make critical decisions that shape your child’s life. This includes choices about education, healthcare, religious upbringing and overall well-being.
In many cases, courts award joint legal custody to both parents. This means you and your co-parent must collaborate to reach a decision that works for the benefit of your child. In the event that your child needs major medical treatment, both of you would need to agree on the course of action.
Putting your child’s best interests first
When making custody decisions, Indiana courts prioritize the child’s well-being above all else. They consider various factors, including the bond between parents and their children, each parent’s ability and commitment to their role and the child’s capacity to adapt to a new home, school and community. Understanding the distinction between legal and physical custody can help you effectively prepare for your custody hearing and work toward an arrangement that truly benefits your child.