What is physical custody?
Please review the answer to the FAQ about Joint Custody. Physical custody is the term used for the parent with whom the child(ren) are to live with the majority of the time. Regardless of whether a parent is awarded sole or joint physical custody, a schedule of dates and times for the child(ren) to be with each parent should be prepared and made a party of any custody order. As mentioned in the earlier FAQ, there must be more specificity than just “joint” or “sole” custody, so regardless of the label, the court (or the parties if they can reach an agreement) will specify dates and times for the child(ren) to be with each parent. These times will be termed periods of custody, parenting time or visitation depending on the court. The parent with the majority of time is the custodial parent, but may be referred to as the primary custodial parent.
Physical custody governs where the child resides. “Joint physical custody” means that each parent shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way to assure a child of frequent and continuing contact with both parents. “Sole physical custody” means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. The courts are moving away from sole physical custody to one parent with “visitation” to the other parent, although there are situations where such orders are appropriate. See the article “Proposed Parenting Plan” for examples of physical custody provisions.
Physical custody refers to the physical direction and control of the child by the parent. Physical custody can either be “joint” or “sole”. There is a presumption that joint custody is in the best interest of the minor child. The children’s best interests are the determinative factor in this question.
