Broadly speaking, the term “custody” means the rights and responsibilities parents have towards their child.
There are two kinds of child custody: physical and legal. Legal custody refers to the ability to make decisions about the child’s upbringing (like schooling or medical care), while physical custody determines where the child lives.
Child custody decisions prioritize the best interests of the child, focusing on factors such as each parent’s ability to provide a stable environment and the child’s relationship with each parent. Courts often encourage shared physical custody arrangements to maximize the chance of the child having a positive, supportive relationship with both parents. The important thing to remember is that child custody is not “awarded” to one parent or the other. The only thing that matters to the courts is the best interests of the child.
Even when one parent has primary physical custody, courts will often order that the other parent have liberal visitation with the children. It is possible—even common—for one parent to have primary physical care while both parents have legal custody.
