Child custody cases are some of the most emotionally draining in family law. Yet, dividing up the care of your children is one of the most important decisions you can make as a parent. As such, knowing the different types of custody and how to get them is essential.
In particular, there are two types you should be aware of: legal and physical custody. These two differences are essential to understand when going through a child custody case.
In this article, we’ll explore the distinctions between legal vs physical custody and how they can affect your family law case.
What Is Legal Custody?
Legal custody refers to the right and responsibility to make major decisions on behalf of the child. These decisions can include matters such as:
- Education
- Religious upbringing
- Medical care
In most cases, both parents are awarded joint legal custody. However, in rare cases, one parent may be granted sole legal custody. For this reason, hiring the best custody lawyers is crucial to ensure that your rights as a parent are protected.
What Is Physical Custody?
Physical custody refers to the actual physical care and supervision of the child. This includes where the child lives and who they spend time with daily.
In joint physical custody cases, the child will split their time between both parents’ homes. This allows for equal involvement in the child’s life and is often considered the ideal arrangement.
The Differences Between Legal and Physical Custody
There are several key differences between legal and physical custody that are important to understand when navigating a child custody case.
Responsibilities
The main difference between legal and physical custody is the responsibilities that come with each type. With legal custody, parents are responsible for deciding for their child’s well-being and future.
On the other hand, physical custody entails the daily care and supervision of the child.
Time Spent with Child
Another significant difference is the time each parent spends with their child. In joint physical custody arrangements, parents have equal time with their children. This is typically split on a weekly or bi-weekly basis.
In sole physical custody arrangements, the non-custodial parent may have visitation rights but does not have the child live with them on a day-to-day basis.
Parenting Decisions
With joint legal custody, parents must make decisions for their children. This can sometimes lead to conflict, especially if the parents do not agree on essential matters.
On the other hand, with sole legal custody, one parent has the final say in making decisions for the child. This can help avoid conflicts but may also put more pressure and responsibility on one parent.
Location
Legal and physical custody arrangements can also affect where the child lives. In joint physical custody, both parents must live close enough to each other. This will help the child to transition easily between homes.
In sole physical custody, the non-custodial parent may live farther away as they do not have daily care responsibilities.
Discovering the Nuances Between Legal vs Physical Custody
Understanding the differences between legal vs physical custody can greatly impact the outcome of a family law case. It is essential for parents going through custody battles to seek professional legal advice and understand their rights and responsibilities. Only then can the best arrangement for the child be reached.
Don’t wait! Contact a family law attorney for guidance and support today!
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