Legal vs Physical Custody

When most parents think about child custody, they picture only the amount of time they’ll spend with their young ones. However, child custody encompasses more than just where the children sleep at night. Parents should consider a wider range of custody decisions when approaching this issue, including the decision-making authority they will have over major decisions in the future. You can learn more about this topic by contacting an experienced child custody attorney in South Carolina.

Physical Custody is the Amount of Time You Will Spend With Your Children

Physical custody represents the amount of time you will spend with your children after the breakup or divorce. Your physical custody order will also dictate where the children sleep at night. Physical custody is therefore quite straightforward, and it is easy for most parents to understand.

Physical custody arrangements can become quite complex. This is especially true in shared custody, the default arrangement in South Carolina. Shared custody may involve a 50/50 split, or one parent might have more time with the children than the other. A 50/50 split can occur in many different ways, such as alternating weeks, “2-2-3” schedules, and so on.

Legal Custody Involves Your Decision-Making Authority as a Parent

On the other hand, legal custody is your right to control how your child grows up. Major parenting decisions might involve religion, education, health care, access to technology, dating, and much more. Some of these decisions could be highly contentious, and parents might have completely different views on how to proceed.

For example, another pandemic like COVID-19 might occur. Will your child get the vaccine, or will they rely on natural immunity? You and your ex will need to consider your respective legal custody when making these decisions. What if you think your child should have access to an iPad, but your ex wants to limit their screen time? Perhaps you want to raise your child as a Roman Catholic, but your ex prefers a Protestant upbringing.

These situations and many others can lead to serious clashes between divorced or separated parents. Shared legal custody is the default in South Carolina, which means that each parent essentially has “veto power” over these decisions. In other words, you cannot make these important decisions without your ex’s consent.

Although shared legal custody is the norm, other arrangements are also possible. One parent might have sole legal custody and sole decision-making power over these decisions. A parent might also have legal custody over only one specific area, such as medical decisions.

One thing to remember about South Carolina is that it automatically gives sole legal custody to unwed mothers. If you’re the father and you never married the mother, you may need to take additional legal steps to control the upbringing of your child.

Can a Child Custody Attorney in Charleston, South Carolina Help Me?

If you want to learn more about the distinction between legal and physical custody, you might want to continue this conversation with an experienced child custody attorney in Charleston. While online research is certainly a step in the right direction, each child’s unique needs and attributes are slightly different. As a result, a personalized approach with help from a lawyer could be the right call. Contact Martin Murphy Law, LLC at 843-809-0232 or visit us online to learn more.