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How are legal and physical custody different?

On Behalf of | Mar 11, 2024 | Child Custody |

Child custody arrangements are an important aspect of sharing a child with someone outside of a relationship. Parents should ensure they understand all aspects of custody, which involves not only physical rights but also legal rights.

Understanding the different types of child custody can help parents make informed decisions that are in the best interests of their children.

Legal custody

Legal custody refers to the right and responsibility to make decisions about the child’s upbringing. These decisions may include education, healthcare and religious upbringing. In most cases, both parents share joint legal custody. They both have an equal say in major decisions affecting the child’s life. In some cases, the court may award one parent sole legal custody. That will give only that parent the authority to make decisions about the child’s upbringing.

Physical custody

Physical custody refers to where the child lives on a day-to-day basis. Parents can have joint physical custody, where the child spends roughly equal amounts of time living with each parent. In cases where this is not practical, one parent may have primary physical custody, meaning the child lives with that parent most of the time. The other parent typically gets visitation rights, allowing them to spend time with the child on a regular basis.

Important note

It is important to note that courts often customize child custody arrangements to fit the unique needs of each family. For example, families can choose an arrangement based on factors such as the child’s age, school schedule and the parents’ work schedules.

By working together and putting the needs of their children first, parents can create a custody arrangement that works for everyone involved.