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Addressing legal and physical custody in a divorce

On Behalf of | Jan 29, 2026 | Family Law

If you go through a divorce with children, one of your first goals is likely to be addressing physical custody rights. When will your child live with you after the marriage ends, and when will they live with your ex?

In some cases, parents will divide physical custody equally. A child may live with each parent every other week or use an alternative schedule, such as three days with one parent and four with the other. In other cases, one parent will primarily have custody during the week, but the other parent may live with the child on the weekends or have visitation rights.

But one important thing to remember is that it is not just physical custody that you need to address. You also have to consider legal custody of your children.

So what is legal custody?

Legal custody refers to how parents make important decisions for their children. Married parents do this together, jointly making choices about what school to enroll their child in or what type of medical care the child should receive.

Legal custody rights can also be divided in a variety of ways. The court could choose only one parent to have legal custody, even if both sometimes have physical custody. Additionally, courts can give both parents legal custody, meaning they still have to work together to make these decisions even after the divorce is finalized and they are living separately.

Sorting out the details of a divorce with children can certainly be a complex process, and it is very important to understand exactly what legal options you have.

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