What is the difference between physical custody, and legal custody?
Physical custody dictates where a child actually lives; if a child spends most of his/her time with Mom, then Mom likely has “primary physical custody.” If he/she spend most his/her time with Dad, then Dad likely has “primary physical custody.” If a child spends equal time with both of his/her parents, then Mom and Dad likely have “shared physical custody.”Legal custody dictates who makes major decisions (regarding education, medical treatment, etc.) for a minor child. If parents share “joint legal custody,” then both parents participate in decision-making for their minor child. If one or the other parent has “sole legal custody,” that parent is responsible for making major decisions on behalf of the minor child.
Physical custody defines with whom the minor child will reside and who is responsible for the care, supervision, or welfare of the minor child. Legal custody defines the person who has the authority and responsibility for the major decisions concerning the child’s upbringing, including the child’s education, health care and religious training. Joint legal custody means that both parties will share authority and responsibility for the major decisions concerning the child’s upbringing, including the child’s education, health care and religious training.
