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Types of child custody

In any discussion about child custody, it is firstly important to understand that there are two different types of custody.

There is physical custody and legal custody and these terms need some explanation.

Physical custody

Physical custody is about parenting time and belongs to the parent with whom the child spends most of their time.

When relationships end, it is almost impossible for both parents to spend exactly 50 percent of the time with the children, even if they would like to. If parents live close by after divorce, an approximately even split of time may be possible.

However, generally, one parent is referred to as having physical custody, meaning that the child normally lives with them.

This parent is responsible for caring for the child’s major day-to-day needs, including food, housing, getting to school, and so on, as well as the emotional and social needs of the child.

Legal custody

Legal custody is another matter. In Colorado, this is most commonly awarded to both parents and refers to who has the decision-making responsibilities with regards to the child’s upbringing.

Where both parents have equal responsibility, you may hear it referred to as “joint custody” though this term is not used in the Colorado courts. Instead, we use the term “parental responsibility”, which can be either “joint” or “primary”.

Legal custody is the right to make decisions on behalf of your child. The Colorado courts favor this responsibility being awarded equally to both parents wherever possible.

In such cases, both parents have an equal right to make decisions regarding key matters, such as:

• Education
• Religious upbringing
• Healthcare/dental

In a minority of cases, the best interests of the child are not served by the courts granting joint parental responsibility and one parent will take on the responsibility for such matters alone.