Understanding Legal Custody and Physical Custody

As with many processes in life, there are often parallels to be drawn between legal and related issues you may come across and the field of Information Technology. Understanding the differences between each, or how to best simplify the complexity of a matter, can be essential to resolving issues. In this piece, we will discuss in particular some commonalities between the hiring process for Information Technology (IT) contractors and legal custody, and how the focus should be on legally binding arrangements that are efficient and easy to follow. Read on to find out how and why implementing a logical structure can improve a situation.

The following article which I have recently come across, discusses in layman terms the difference between legal custody and physical custody (we are a technology blog and do not normally cover this type of material; however, given the practical importance of implementing a logical structure that is clear and easy to follow in an IT contract, we have decided to cover this topic as it relates to a family context in order to offer further insight.) This article does a great job of outlining these terms, and how managers or those tasked with taking care of a number of issues at once outside of the hiring process, can benefit from keeping these distinctions in mind.

1. Legal Custody and Physical Custody In a nutshell, legal custody involves the care and decision making needed for a child, for example where they attend school or healthcare services, whereas physical custody refers to where the child lives and the everyday activities that take place including living environments, schools and after-school activities. The key takeaway is that there are two distinct roles to each. Reflecting upon the relationship to the hiring of IT contractors, there are indeed two distinct facets regarding responsibilities of both parties involved in order to successfully hire a contractor, as there often is in employment situations. The contractor will need to have the necessary skills and experience to perform the job you require of them. This is similar to how a parent must have the legal authority to make decisions in a child’s life such as where they will attend school. In turn, the hiring manager (or manager responsible for contractors) will need to be aware of the qualifications and traits that are needed to be successful in the role to oversee the project. As with the parent who needs physical authority to carry out day-to-day activities with a child, a manager must have the ability to manage contractors effectively, which includes the ability to schedule and delegate work and tasks appropriately.
2. Legal Custody and Physical Custody Arrangements As the article notes, whether you are responsible for making legal decisions or physical decisions, the roles and responsibilities will look different based on who has the legal authority and on whom is receiving that authority. However, it is important to note that both these types of custody involve the same nuances and will also require change over time as things develop. For example, if you have legal custody and your ex-partner has physical custody, you clearly have decision-making power, but you will still need to work with them to settle any disputes or issues that come up if they occur. This will similarly be the case when dealing with restoration hardware hiring. In addition, it is also important to be specific and clear about each party’s rights so that there is no confusion. In the case of the article, examples of what to specify may include making information about school activities available to both parents, so that each can participate, regardless of how often or for what duration. Clarifying the exact details of these responsibilities with both parents will help resolve matters quickly should disagreements arise in the future. For going through the hiring process for contractors, this means specifying whether they are allowed to make decisions on your behalf, report back to you, and what information they are required to provide. If a contractor is responsible for managing a project, you will want to let them know that they need to have authority in order to effectively delegate tasks, approve various requests, etc. If such details are left up in the air, this can result in conflict, either with the contractor or with the hiring manager, for the simple reason that everyone assumed something different when the project began.
3. Decision Making and Undue Influence There are many aspects of custodial arrangements that can easily be reflected in the hiring of contractors. One such thing that is important to note is that both legal custody and physical custody arrangements require decision making in a way that appropriately delegates authority without putting undue influence on the parties involved. Think of how a parent must make decisions (legal custody) regarding a child’s education and health, while allocating physical custody to the other parent – you (physical custody) can delegate specific tasks or hire people (like teachers) to help with your child’s needs, but you cannot dictate what that school or hospital looks like. Similarly, you can work with the other parent to determine picking up the child from one home to the other – therefore delegating that task – but you cannot keep your ex from seeing their child simply because it is now “your turn.”
4. Things to Keep in Mind When you have finished outlining your legal custody and physical custody terms, there are several things to keep in mind now that the fundamentals have been covered. First of all, remember that as situations change, the terms will need to adapt to reflect these changes. There is no “one-and-done” in the world of child custody, nor it seems, in scheduling. Similarly, things will change as projects evolve and go from proposals to actual implementation to completion, and building in the flexibility to adapt to changes in project specifications and tasks assigned will save you a lot of time and energy. With physical adjustments and other difficulties, you will need to be able to pivot to accommodate new information that comes to light. In addition, remember that good communication will be essential to resolving any disputes that may arise. Having specific custody terms that have been made unnecessarily complex can lead to lengthy negotiations and disputes. A manager can avoid this situation by ensuring that all parties involved in the project are on the same page from the very beginning. Be sure to outline basic details in your documentation when drafting a contract, which will help reduce misunderstandings, whether you are discussing visiting rights or job specifications.
5. Consequences of Inaction When it comes to child custody, the article suggests that there can be a number of consequences if the terms have not been spelled out in detail. The same is true of hiring IT contractors. For the sake of time saving, one party may end up picking up the slack when a matter is unresolved (such as a parent caring for a child when the other parent cannot) – which can develop into resentment. Or, an important decision may be made in haste to avoid conflict, when the best decision may be to have further discussion. While there is no way to predict what may happen, it can’t be stressed enough how important it is that the terms are clear and legally binding.
6. Summary Key things to understand about legal custody and physical custody arrangements, and how they relate to the hiring process for IT contractors, is that it is essential to outline the legal authority of each party, so that everyone understands who is in charge of overseeing a given task or decision-making process. Having specified terms makes it easier to make decisions and take action-without these terms, it can become difficult to establish who is responsible for carrying out certain tasks. As well, these issues can arise in numerous contexts, and can therefore be more harmful than you may expect. Finally, ensure that the agreement is clear, concise, and easy to follow, so that all parties involved understand the basic premise, and contract obligations can be fulfilled. It is key to avoid unnecessary language in your terms, as this only creates further confusion and opens the door for all kinds of misunderstandings – or worse, negative influence.