From the Book: Divorce Amicably
This is a chapter summary from Chapter 6 of Divorce Amicably, a guide to navigating separation with dignity and cooperation.
Chapter 65 Author: Neena Saxena
Neena Saxena is a dedicated, honest, and empathetic attorney who focuses on all issues related to families including divorce, child custody, child support, paternity, legitimation, alimony, property division, adoption, modifications and contempt issues. Neena is passionate about her clients and the law and experienced to handle all family law matters.
Neena grew up in Johns Creek and received her Bachelor of Science in Management with a Certificate in Operations Management from Georgia Institute of Technology. She obtained her law degree from Florida State University, College of Law and is a trained mediator.
Understanding Custody in Divorce
Many divorcing parents begin with the hope that custody will be straightforward. But as emotions and practical realities set in, disputes often arise over how custody should be structured. In divorce law, “custody” refers to two separate but related areas: legal custody (decision-making rights) and physical custody (where the child lives). Each has its own implications for parents and children, and each must be addressed in a divorce agreement. divorce agreement.
Types of Custody and Their Implications
Legal Custody
Legal custody grants parents the authority to make major decisions regarding a child’s upbringing—covering education, healthcare, religion, and extracurricular activities. Parents may share joint legal custody, requiring them to cooperate and consult on major decisions, or one parent may be awarded sole legal custody if the other is deemed unfit due to issues like abuse, neglect, or instability. Even in joint custody, courts may designate a “tie-breaker” parent to make the final call if disagreements persist.
Physical Custody
Physical custody focuses on where the child lives day-to-day. Several arrangements are possible:
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Joint Physical Custody – Children split time between both parents, often on a 50/50 or near-equal schedule. Best suited for parents who live close by and can cooperate.
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Primary Physical Custody – The child primarily resides with one parent, while the other has scheduled visitation (weekends, holidays, or vacations). This arrangement provides stability but can emotionally challenge the non-custodial parent.
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Sole Physical Custody – The child lives exclusively with one parent, with little or no visitation by the other, usually due to safety or welfare concerns.
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Split Custody – Siblings are divided between parents. Rarely used, as it separates children from one another, but may be considered when siblings have very different needs.
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Bird’s Nest Custody – Children remain in the family home while parents rotate in and out based on schedules. Minimizes disruption for the child but is often costly and typically temporary.
How Custody Is Decided
Courts evaluate custody based on the best interests of the child, considering factors such as age, emotional needs, parental stability, ability to co-parent, and in some cases, the child’s preferences. The goal is to provide consistency and minimize disruption, fostering an environment where the child can thrive.
Key Custody Insights for Divorcing Parents
Custody Decisions That Put Children First
Custody battles can quickly become the most emotional part of divorce. But with the right understanding of legal and physical custody, parents can focus less on fighting each other and more on providing stability for their children. Every arrangement should serve one goal: ensuring a safe, consistent, and nurturing environment where children can thrive.
Create a Parenting Plan That Works
Custody doesn’t have to become a battlefield. Divorce Amicably offers practical guidance to help parents understand their custody options and design parenting plans that put children first. Order your copy today to learn how to protect your child’s future while moving forward with confidence.
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