When discussing child custody, you might hear the terms “legal custody” and “physical custody” thrown around. Understanding the difference between the two may help you negotiate your divorce’s terms.
What is legal custody?
Legal custody is the right and responsibility to make important decisions about your child’s upbringing. This may include choices regarding their:
- Education
- Healthcare
- Religious practices
- Extracurricular activities
When you have legal custody, you have an active role in shaping your child’s future. You get to have a say in the significant decisions that may affect their life, even if you may not be with them daily.
What is physical custody?
On the other hand, physical custody is about where your child lives and spends their time. It determines which parent the child resides with on a day-to-day basis. This type of custody covers:
- Daily care and supervision
- Providing a home environment
- Managing routine decisions
Physical custody arrangements may vary widely. You might have sole physical custody, where your child lives primarily with you, or joint physical custody, where the child splits time between parents.
What is the main difference between the two?
The main difference between legal and physical custody lies in the involvement of both parents. Legal custody focuses on decision-making power, while physical custody centers on the child’s living arrangements.
It is important to note that these two types of custody may not always go hand in hand. You could have joint legal custody but sole physical custody or vice versa. The court’s primary concern is always the best interest of the child.
If you are dealing with custody issues, consider consulting a family law attorney who can provide guidance tailored to your specific circumstances.
