When parents separate or divorce, one of the most important and emotional issues to resolve is custody. Understanding what “shared custody” really means — and how courts decide it — can help parents better prepare for the process and focus on what truly matters: the well-being of their children.
The Two Types of Custody: Legal and Physical
Custody isn’t just about where a child lives — it’s also about who makes decisions on their behalf. There are two main types:
- Physical Custody:
This refers to where the child lives on a day-to-day basis. The parent with physical custody provides the child’s daily care and makes everyday decisions such as what the child eats, what they wear, and what activities they do. - Legal Custody:
This involves the authority to make major decisions about the child’s life — such as choices about education, medical care, and religious upbringing.
What Is Shared Custody?
Shared custody can apply to either physical custody, legal custody, or both.
- Shared Legal Custody is very common. It allows both parents to have equal rights and responsibilities in making major life decisions for their children. This ensures both remain involved in their child’s growth and development.
- Shared Physical Custody means that the child spends significant time living with both parents, ideally as close to an even split as possible. This arrangement helps maintain strong relationships with both parents and provides balance and stability in the child’s routine.
How Courts Decide Custody
Every custody decision centers around one guiding principle: the best interests of the child.
When determining custody arrangements, the court may consider:
- Each parent’s fitness: Emotional stability, ability to provide care, and overall parenting capability.
- The child’s stability: Judges often prefer to maintain continuity — meaning they try not to disrupt the child’s current home, school, or community environment.
- The child’s preference: If the child is mature enough, their wishes may be taken into account.
Ultimately, the court aims to create an arrangement that supports the child’s physical, emotional, and developmental needs while allowing both parents to remain active and responsible in their upbringing.
Final Thoughts
Shared custody isn’t always an exact 50/50 split — but it does reflect the idea that children benefit from meaningful relationships with both parents. By understanding how legal and physical custody work, and by focusing on cooperation and stability, parents can help create a positive post-divorce environment that puts their children first.
If you have any questions about the topic discussed in this article, or any divorce matter, please give us a call at Bononi & Company 724-832-2499.