As parents navigate the end of their relationship, determining child custody becomes a top priority. Defining custody can vary between individuals, and numerous customized arrangements are available to suit a family’s specific needs. To gain a clear understanding of how this applies to your unique situation, a three-pronged discussion can assist in uncovering what a client intends by this broad statement.
Legal Custody – Decision Making Power for a Child
First, “legal custody” is the power to make decisions for a child. One parent could have sole custody, both parents could have shared parenting, or parents could have shared parenting with one parent having the ultimate decision-making authority. Legal custody designates authority over decisions such as: medical professionals or procedures, involvement in sports, etc.
Sole Custody means that you have sole decision-making authority over the child. Sole custody does not, in and of itself, provide a parent with more parenting time.
Shared Parenting allows both parents to have decision-making authority for a child. This requires parents to have discussions about what is in the best interest of the child and how they are going to make a given decision. Naturally, there can be an impasse on issues and additional “tie braker” protocols would be in place. If both parents possess decision-making power but cannot reach an agreement, viable options include retaining a parenting coordinator, seeking guidance from a mutually agreed primary care physician, or granting one parent ultimate decision-making authority.
Parenting Time – Physical Possession or Custody of a Child
The second prong, physical possession or custody of a child, is referred to as “parenting time.” There are several different arrangements and variations of schedules that could accommodate a given family. Often, parents seek to maximize the amount of time with the child and strive to divide the time equally. Most counties provide a Standard Schedule that allocates more time to one parent. This type of schedule may make sense for parents with demanding work schedules or other commitments. When a parent has relocated, a Long-Distance schedule that provides fewer blocks of time for longer durations can be the most practical schedule.
Residential Parent for School Purposes – Child School District
Third, “residential parent for school purposes” designates the school district for a child. This is easily determined when both parents want the child to stay in the same school district (i.e. Lakewood) and one parent plans to stay in that district (i.e. Lakewood) but other plans to move out of the school district (i.e. Cleveland). This can be more difficult when a young child has not yet started school, each parent believes they will live in a superior district.
Generally, people are encouraged to cooperatively co-parent with Shared Parenting and maximizing the time each parent has with their child(ren). However, designating legal custody, parenting time, and even residential parent for school purposes is very nuanced because each family has their own unique dynamic, schedules, and priorities. It is important to seek creative solutions and craft the parenting arrangements that are the best fit for the family.
Finally, parenting arrangements are always subject to modification. If things change over the years and a different arrangement would be best, the original parenting plan is not set in stone and could be amended.
For more information or to seek counsel from our family law group, reach out to request a consultation or call us at 216-696-1422.
