What is the difference between ‘sole’ and joint’ custody?
‘Sole custody’ means one parent makes all the key decisions affecting the child, and the child lives with one parent. ‘Joint custody’ means both parents make all the key decisions affecting the child, and the child lives with both parents, although not necessarily for an equal period of time. In Alabama, ‘joint custody’ is preferred. ‘Physical custody’ refers to whom the children live with and legal custody refers to each of the parent’s right to make decisions regarding the child’s care. Therefore, it is common for one spouse to have physical custody (child’s primary residence) with the other spouse to have physical visitation rights (e.g. child resides with them every other week-end). A consultation with a Christian & Shaw attorney will get you the advice you need on the best way to proceed in your individual case.