Child Custody

Legal and physical custody

Legal custody is the authority to make decisions about health, education and welfare. Physical custody is where the child lives. They are decided separately, and joint legal custody with a primary physical arrangement is common.

What the court is actually weighing

Health, safety and welfare come first, along with any history of abuse and the nature of each parent's contact with the child. Beyond that, courts look closely at which arrangement is realistic given work schedules, school and distance.

Building a parenting plan

A plan that specifies exchanges, holidays, travel, schooling and how decisions get made tends to produce fewer disputes later than a general grant of "reasonable visitation". Detail is protective.

Relocation

A move that materially affects the existing arrangement is treated seriously, and the analysis differs depending on whether there is an existing final custody order. Relocation matters need to be planned well before the move.

When a child is outside the country

International custody questions engage treaty and jurisdictional rules that do not apply to a move across county lines. Cross-border matters should be addressed before travel, not after.