Understanding Custody in North Dakota
In North Dakota, as in many other states, the concept of child custody is divided into two main categories: legal custody and physical custody. These terms are defined under the North Dakota Century Code and are used to determine the rights and responsibilities of parents or guardians in the event of a divorce or separation.
Legal Custody
Legal custody, as defined by the North Dakota Century Code, refers to the right to make significant decisions regarding a child. These decisions can encompass a wide range of areas, including the child’s education, health care, and scheduled activities. A parent or guardian with legal custody has the authority to make these decisions, regardless of the child’s physical location or the parent’s physical custody status.
The concept of legal custody is further clarified under North Dakota Century Code 14-09-32.1, which states that a parent retains the right and duty to exercise primary control over the care, supervision, upbringing, and education of the child. This includes the power to make important decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.
Physical Custody
On the other hand, physical custody refers to living with a child and exercising day-to-day care of the child. This includes the physical care and supervision of a child. A parent or guardian with physical custody is responsible for the child’s daily needs, such as feeding, bathing, and providing a safe and secure living environment.
The term “physical custody” is also used in the context of a “person acting as a parent” under North Dakota Century Code. This refers to a person, other than a parent, who has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.
The Difference Between Legal and Physical Custody
The key difference between legal and physical custody lies in the nature of the responsibilities each type of custody entails. Legal custody primarily involves decision-making authority over significant aspects of the child’s life, while physical custody pertains to the day-to-day care and living arrangements of the child.
It’s important to note that these two types of custody can be awarded separately or jointly. For instance, one parent may be granted sole legal custody, allowing them to make all major decisions about the child’s life, while physical custody may be shared between both parents. Alternatively, both parents may share legal and physical custody, meaning they jointly make decisions and share in the child’s daily care.
In North Dakota, any law that refers to the “custody” of a child means the allocation of parental rights and responsibilities as provided in the relevant chapter of the North Dakota Century Code. This includes both legal and physical custody, as well as other related terms such as parenting time, right to access, visitation, and authority to grant limited contact with a child.
In conclusion, understanding the difference between legal and physical custody is crucial for parents navigating a divorce or separation in North Dakota. It’s always advisable to consult with a legal professional to fully understand the implications of these terms and how they apply to individual circumstances.