Our Focus: Sorting Out Custody in Divorce
Custody is the answer to the question “Who will make major decisions regarding the child?”
These major decisions could include religious training, health care, education, and where the child will live.
There are two types of custody: sole custody and joint custody.
Under sole custody, the parent with custody has the legal right to make major decisions regarding the child. There is not a direct relationship between custody and parenting time; for example, one parent could have sole custody but the parenting time could be divided equally between the parents. The parent without custody will generally be awarded “parenting time” which will set a minimum amount of time that the non-custodial parent is to have. The parent without custody will have access to the child’s records, and can authorize emergency medical care. Generally, neither parent can move more than 60 miles from the other parent without telling the other parent and the court.
Under joint custody, the parents will share the decision-making about the minor child. Joint custody just means that the parents are sharing this decision-making authority. Joint custody can exist in situations where the child is living with one parent 100% of the time. Joint custody is something that the parents have to agree upon.
Joint custody can be a powerful tool in empowering parents to act together in the best interests of the child.


