Understanding the distinction between legal custody and parenting time is crucial for parents and guardians. These terms often come up during custody disputes or when establishing parenting plans, and while they are related, they represent different aspects of child custody. Here’s a comprehensive breakdown to help clarify these concepts.
Legal Custody
Legal Custody refers to the right and responsibility to make significant decisions about a child’s life. This encompasses decisions related to:- Education: Choosing the child’s school and educational programs.
- Healthcare: Making decisions regarding medical treatment, doctors, and health insurance.
- Religious Upbringing: Deciding on the child’s religious education and practices.
- General Welfare: Making other important choices affecting the child’s overall well-being and development.
- Sole Legal Custody: This arrangement grants one parent the exclusive authority to make major decisions about the child’s life. The other parent may have limited input, but the decision-making power rests solely with the custodial parent.
- Joint Legal Custody: This arrangement allows both parents to share the responsibility for making significant decisions about the child’s welfare. Even if parents are separated or divorced, they are both involved in key decisions affecting their child’s life.
Parenting Time (Visitation)
Parenting Time, often referred to as visitation, refers to the schedule and arrangements for how much time the child spends with each parent. This includes:- Regular Visits: The routine schedule that outlines when the child will spend time with each parent, such as weekends, weekdays, and holidays.
- Overnights: The arrangements for overnight stays at each parent’s home.
- Special Occasions: How holidays, birthdays, and other special events are handled.
- Communication: Guidelines for phone calls, video chats, or other forms of communication between the child and the non-custodial parent when they are not together. The goal of parenting time is to ensure that the child maintains a meaningful relationship with both parents, regardless of the living arrangement.
Key Differences
1) Scope of Responsibility:- Legal Custody: Focuses on decision-making authority and responsibilities related to major aspects of a child’s life.
- Parenting Time: Focuses on the physical time the child spends with each parent and the logistics of visitation.
- Legal Custody: Involves strategic, long-term decisions that impact the child’s future and well-being.
- Parenting Time: Deals with the day-to-day schedule and arrangements for physical care and contact.
- Legal Custody: Determines who has the authority to make decisions and may not necessarily dictate where the child spends their time.
- Parenting Time: Determines the schedule and frequency of visits but does not grant decision-making power.
Legal Considerations in Kentucky
In Kentucky, both legal custody and parenting time are determined based on the best interests of the child. The courts will consider various factors, including:- The Child’s Relationship with Each Parent: The existing relationship and how it will be maintained or enhanced.
- Each Parent’s Ability to Provide for the Child’s Needs: Including emotional support, stability, and a safe environment.
- The Child’s Preference: If the child is of sufficient age and maturity to express a reasonable preference.
Creating a Parenting Plan
A well-structured parenting plan can help clarify both legal custody and parenting time arrangements. This plan typically includes:- A detailed schedule of parenting time.
- Decisions on how major decisions will be made.
- How communication between parents will be handled.
- Provisions for handling disputes or changes in circumstances.
