Posts Tagged ‘decision’

What does “custody” really mean?

Wednesday, July 19th, 2017

You’ve probably heard it before: “I have full custody of my kids” or “I have legal custody” or “He has physical custody of the children” or “We have joint custody of our child.” All those mixing of terms can make child custody confusing, but it shouldn’t be. Child custody in Mississippi is awarded in two ways – “legally” and “physically” – and can be combined in a number of ways to fit the best interest of the child.

Legal custody” pertains to the rights bestowed upon a parent to make decisions of health, education and welfare of the child. “Physical custody” describes the time a child resides with a parent. When parents use “joint custody” to describe their custody arrangements then the court has granted both parents shared rights of custody either physically or legally or both. Generally, parents with “joint physical custody” equally share physical custody of their child and it is exercised every other week. “Joint legal custody” means the parents share in the significant (i.e., not whether the child needs a band-aid) health, education and welfare decision making of the child, regardless of which parent has physical custody of the child at the time decisions are made. The right to share all of the child’s official records is presumed and paramount. Parents might share joint legal custody while one parent has physical custody or parents could share joint physical custody while one parent has legal custody. It should be noted that good communication between parents is paramount to the court’s consideration of whether joint legal custody is in the best interest of the child. Even if the court determines that both parents are equally capable of making legal decisions in the best interest of the child, poor communication between the parents typically results in the Chancellor arbitrarily designating one parent as the sole legal guardian of the child.

Each child custody case is different as evidenced by the many combinations of legal and physical custody, however all custody cases are decided using the same polestar determinant: What is in the best of interest of the Child?

If you or someone you love has questions about their child custody issues then schedule a consultation with the Attorney Matthew S. Poole. Matthew has over a decade of experience representing parents in divorces where child custody is the central issue and in child custody modifications.