Divorce begins when one side files a complaint. During the process, the parties ascertain their areas of agreement and disagreement. Often, they are able to negotiate an agreement either through mediation or through their attorneys. If no agreement is reached, at least as to certain issues, the divorce will be heard by a judge who will decide the contested issues. One frequent question asked by divorcing parents is the difference between physical custody and legal custody.
Physical custody means where the children actually live.
Legal custody, on the other hand, concerns which parent will be making the important decisions concerning the child's development, health and welfare. If one parent has sole legal custody, that parent may alone determine where the child goes to school, which doctors the child visits, and other important matters. Joint legal custody means that both parents, in theory, have an equal say in making major determinations regarding a child's best interest. Joint custody is usually awarded only if both parents can effectively communicate with one another despite their differences. Divorcing parents' biggest worry is often who will get custody of the children.