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How is parenting time different from legal custody? 

On Behalf of | Dec 31, 2024 | Family Law |

After separation or divorce, you should be able to address the care and well-being of your children. Parenting time and legal custody are two essential components of a childcare plan. While often discussed together, they have different purposes in helping ensure a child maintains a meaningful relationship with both parents. 

Parenting time, also known as visitation or physical custody, is a parent’s actual time with their child. On the other hand, legal custody is a parent’s right and responsibility to make important decisions about their child’s upbringing. A parent may share joint legal custody, regardless of the time allocated to one. This division reflects the court’s interest in preserving parental bonds while prioritizing the child’s best interests. 

Factors that influence parenting time and legal custody 

Several factors are considered when determining parenting time and legal custody in Alabama. The courts make the final decision based on the following: 

  • Assessing the child’s age, emotional and physical need
  • Checking each parent’s ability to fulfill the needs
  • Distinguishing the nurturing bond between the child and each parent

If one parent has a history of neglect, substance abuse or domestic violence, there may be limitations set by the court. They may need supervised visits in their parenting time to help ensure the child’s safety. Overall, the goal is to have consistency and stability in the child’s upbringing. 

Time-sharing schedules usually account for school routines, extracurricular activities and holidays. In cases of long-distance parenting, virtual visitation options may supplement in-person time. Parents are encouraged to collaborate on schedules that work for everyone to maintain a healthy relationship, as unresolved disputes can lead to court intervention. 

With so much at stake, like familial bonds, navigating the complexities of parenting time and legal custody can be challenging. Legal feedback can help you get familiar with the laws surrounding child custody. Additionally, a legal team can help ensure the final custody arrangement protects the parental rights and the child’s best interests. 

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