Can Each Parent Have Full Custody of Each Child?

There are two components to consider when parents divorce or separate.  They are physical custody, which establishes where a child lives.  The second is legal custody in which a parent makes decisions about a child’s life, including where they attend school, their healthcare they will receive and what religion they will be taught.

Each type of custody can be either sole or physical.  Sole physical custody means that the child lives with one parent while the other parent has visitation rights.  Joint physical custody means that a child has two primary residences.

Typically, once you get the courts involved in your child custody arrangements, you will be subject to whatever they decide is in the best interests of the children.  If both of you agree on custody issues, then there is no legal problem.  You may choose to draft an agreement with a family law attorney establishing who has custody of which child.  All custody decisions should be made with the best interests of the child in mind.  Split custody is rare since the courts often find it disadvantageous to separate siblings.  If you really want to do what’s best, you should talk with your children to find out if they have a preference for who they want to live with.  If the siblings fight all of the time and this wreaks havoc on the household, it may be best to separate them.  At that point, the courts will determine who has sole physical custody of which child.  From there, it will be up to you and your spouse to decide on visitation.