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Child Custody: The Difference Between Physical Custody and Legal Custody

Xavier Prather

Updated: Jan 26

Child custody refers to parents' rights and responsibilities regarding their children. There are two primary forms of custody: physical custody and legal custody. Here's an explanation of the distinctions:


Physical Custody


  • Definition: Physical custody refers to where the child lives and who is responsible for the child's daily care.

  • Types: It can be sole physical custody (one parent has the child living with them) or joint physical custody (the child splits time between both parents).

  • Responsibilities: The parent with physical custody is responsible for the child’s day-to-day needs, including housing, food, and supervision.


Legal Custody


  • Definition: Legal custody refers to the right to make important decisions about the child's life, including education, healthcare, and religious upbringing.

  • Types: Legal custody can also be sole legal custody (one parent makes all decisions) or joint legal custody (both parents share decision-making responsibilities).

  • Responsibilities: The parent with legal custody has the authority to make significant decisions regarding the child's welfare and upbringing.


Conclusion


In summary, physical custody pertains to where the child lives and who provides daily care, while legal custody involves the authority to make major decisions affecting the child's life. It is possible for parents to have different arrangements for physical and legal custody.


If you want assistance and/or legal representation in child custody matters, LawyerLike can help. To get started, email inquiries@asklawyerlike.com to schedule your free initial consultation.

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