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Navigating custody can be one of the most emotionally challenging parts of any family law case. Whether you’re facing divorce, separation, guardianship or adoption proceedings, understanding the legal terms involved is the first step in making informed decisions for your family. At Pacific Island Law, LLLC, we believe in empowering clients with clarity. Here’s a breakdown of the most common custody terms.
Legal vs. Physical Custody: Know the Difference
- Legal Custody
This refers to the authority to make major decisions about your child’s life like schooling, medical care, and religion.- Joint Legal Custody means both parents share that decision-making power.
- Joint Legal Custody with Tie-Breaking Authority means both parents share that decision-making power, but if they cannot come to an agreement after some time, the parent with tie-breaking authority may make the decision.
- Sole Legal Custody means one parent has the exclusive right to make those decisions.
- Physical Custody
This refers to where the child lives.- Joint Physical Custody means the child spends significant time living with both parents. This comes in different forms including equal time sharing and extensive time sharing.
- Sole Physical Custody means the child lives primarily with one parent, while the other may have visitation rights.
What is “Tie-Breaking Authority”?
In joint legal custody arrangements, tie-breaking authority gives one parent the power to make the final decision when the two parents can’t agree.
Other Custody Arrangements You Might Hear About
- Split Custody
This is when siblings are split between parents. For example, one child lives with Parent A, another with Parent B. Courts generally try to avoid this unless absolutely necessary. - Protective Custody
Used in emergency or child welfare situations. A child may be temporarily removed from a parent or caregiver if there’s concern for their safety, and placed in a safe environment like a foster home.
Understanding “Residual Parental Rights and Responsibilities”
Even if a parent doesn’t have physical or legal custody, they may still retain certain rights such as reasonable visitation, the ability to consent to an adoption, or financial support responsibilities. These are called residual parental rights and responsibilities, and they often remain unless legally terminated.
And Just So We’re Clear…
- “Child” or “Minor”
Legally, a child is any person under 18 years old.
At Pacific Island Law, LLLC, You Don’t Have to Figure This Out Alone
Have questions? Schedule a consultation with our team. We’re here to lighten your load.
This article is for informational purposes only and does not constitute legal advice.