What Does “Custody” Mean, Exactly?

One area of Family Law that many clients are often confused about is what actually having “custody” of a child means.

At its core, custody refers only to decision-making power for the children of the relationship. This means that if somebody has custody of a child, they are legally entitled to make decisions regarding the child’s education, health, religion, etc. without the input or consent of the other parent.

In situations where parents have joint custody, both caregivers are entitled to participate in these decisions. They need to consent and confer and make decisions together. This requires that parties be able to communicate well. In sole custody scenarios, the parent with custody has the right to make these decisions by themselves without the consent of the other parent.

Having custody of a child does not necessarily mean that he or she lives with you full-time. There are situations wherein a parent has joint custody of a child, but the child does not reside with this parent. Where a child lives is considered under “residency” terms.

There are many possibilities when it comes to determining custody of a child, and the issue can become quite complicated. It is important to be well-informed. The test balances the best interests of the child but there are a number of complicated factors affecting how one assesses the best interest of the children.

There is also a “maximum contact” principle that is relevant in determining time a parent with whom the child does not live gets parenting time, also known as “access”.

If you have questions about any other matters, please contact our office for a consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *