Whats the difference between joint legal custody and joint physical custody?
Legal custody means the right to determine the childs upbringing, including education, health care, and religious training [Minn. Stat. 518.003, subd. 3(a) (2009)]. Joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the childs upbringing, including education, health care, and religious training. Physical custody and residence means the routine daily care and control and the residence of the child. So, joint physical custody means that the routine daily care and control and the residence of the child is structured between the parties [Minn. Stat. 518.003 , subd. 3 (d), (e)]. There is a rebuttable presumption in Minnesota that joint legal custody is in the best interest of a child. There is no presumption regarding physical custody. Physical custody is determined by evaluating the best interest of the child factors as set forth in Minn. Stat. 518.17. We have successfully argued many cases w
