Sometimes terms are used interchangeably because they essentially have the same meaning, such as cost and price. Other times words are used in place of each other which shouldn’t be because they have distinct differences. When it concerns legal matters, it is important to be sure of the meaning behind the phrases and understand how to use them correctly.
So, what’s the difference between parenting time and child custody?
Child custody establishes the guardianship of a child, whereas parenting time sets up the right for the non-custodial parent to spend time with the child.
Physical and legal are the two different types of custody parents establish upon separation or divorce and can be shared by both parents. Parenting time is established with a visitation schedule with the intent of both parents being active in the child’s life.
What are Some Tips for a Successful Parenting Time Plan?
Take some time to design a parenting time plan that considers the child’s habits and the parents’ capabilities. Every family is unique and has different priorities, so it is fair to start with the most important days, such as holidays, and divide them equally with the common option of alternating years. Next, design the weekend visit schedule with as much equality as possible, depending on work and activity commitments.
The weekdays should be focused on what is easiest for the child to maintain continuity and security. Age is a critical factor for the weekday plan and should be tailored according to stages of development. A teenager will have different availability to spend time with the non-custodial parent than a toddler will. When the parents live far apart, it is common for the child to spend summers and breaks with the non-custodial parent.
After the calendar has been filled in with visitation days marked for each parent, a discussion concerning who will transport the child to and from visits needs to happen. This is part of the parenting plan because if the responsibility of transportation is not understood, the visits might be hindered and the child left feeling rejected and disappointed.
What is the Difference Between Physical and Legal Custody?
Physical custody is who the child lives with the majority of the time. Legal custody involves the right to make decisions for the child. Both involve the responsibility of providing for him or her. Joint custody is when parents share physical and legal custody; sole custody means one parent has both. If parents cannot agree on custody and visitation, the judge will decide for them.
Having custody and a parenting plan clearly defined is best for everyone because the child knows what to expect, and a stable, predictable schedule will help keep him or her grounded.
Related Questions
What Decides Child Custody?
The factors affecting child custody involve the age of the child and his or her ability to express personal wishes. When children reach a certain age, their preferences are taken into consideration by the court. Other factors are the ability of the parents to provide for the child, the health of all parties, reports of abuse, living situations and siblings. Courts encourage a child to have access to and a relationship with both parents.
What is a Common Parenting Plan?
A common schedule sets up one parent having the child for two days at the beginning of the week, spending the next two days with the other parent, and then going back to the first parent for the weekend. For example, a boy may spend Monday and Tuesday with his dad, Wednesday and Thursday with his mom, and then go back to his dad’s for the weekend. It begins in reverse on Monday so they each get every other weekend with their child. Again, age is a major factor in determining the plan, as well as the emotional maturity and attachments of the child.
Divorce Lawyers Can Help
Closely related terms can be confusing, especially when they involve emotional topics like divorce or separation and children. Child custody and parenting plans are both extremely important procedures because they will have long-lasting effects on a child’s life. Choosing a divorce attorney with experience will benefit you during the divorce process and establishing custody so that the child’s best interests are protected.
Custody involves living arrangements and decision-making authority. Parenting plans give specific schedules of when and where the non-custodial parent visits with the child. These work together to spell out where a child lives when he or she will be with each parent and what the parental rights and responsibilities are.
The Divorce attorneys at Tower Karson Law in Livonia have the experience and resources to help with your divorce or family law issue. Divorce is complicated, especially when children are part of the equation, and we are committed to a positive outcome for all. If you are facing a family law matter or are thinking of ending your marriage seeking legal advice is important. Call us for a Free Consultation.