Legal Definitions - divided custody

Divided custody is a less common arrangement in family law where, following a separation or divorce, each parent is granted sole physical custody of different children from the same family. This means that some children live primarily with one parent, while other children from the same family live primarily with the other parent. Unlike joint physical custody, where all children spend significant time with both parents, or sole physical custody, where all children live with one parent, divided custody splits the children between the parents.

Here are some examples to illustrate divided custody:

• Example 1: Different children with different parents based on preference

  Mark and Sarah are divorcing and have two children: 16-year-old Emily and 10-year-old Ben. Emily expresses a strong desire to live with her father, Mark, because his house is closer to her high school and part-time job. Ben, on the other hand, thrives in the neighborhood near his mother, Sarah, where his best friends live and his soccer team practices. A court might order divided custody, granting Mark sole physical custody of Emily and Sarah sole physical custody of Ben. Each parent is responsible for the daily care and upbringing of one child, and the children live in separate primary residences.

• Example 2: Specific needs of children leading to division

  The Millers have three children: a 14-year-old, an 11-year-old, and a 7-year-old. After their separation, the parents agree that the eldest child, who has special educational needs, would benefit most from living full-time with the mother, who is better equipped to manage those needs and lives closer to a specialized school. The two younger children, who are very close and attend the same elementary school, will live with the father, whose home is in the same school district and has a larger yard for play. This arrangement constitutes divided custody because the children are split between the parents. The mother has sole physical custody of one child, and the father has sole physical custody of the other two, with each parent being the primary residential parent for a distinct group of children.

• Example 3: Geographic convenience for individual activities

  David and Lisa are divorcing and have twin 8-year-old boys, Alex and Sam. Alex is very involved in a specific sports academy that is conveniently located near David's home. Sam, however, has a chronic medical condition requiring frequent visits to a specialist clinic located near Lisa's new home. To minimize disruption and ensure each child receives optimal care and support for their individual needs, the parents and the court decide that Alex will live primarily with David, and Sam will live primarily with Lisa. This is an example of divided custody where the unique circumstances and needs of each child lead to a decision for them to reside primarily with different parents. David has sole physical custody of Alex, and Lisa has sole physical custody of Sam, effectively dividing the children between the two households.