Often times, when I have a client who is going through a divorce and children are involved, I get asked what is the difference between legal custody and physical custody.
Every case is different and there are a variety of factors at play for legal and physical custody to be set up differently. For example, parents may might have legal custody, but not joint physical custody because one parent might live in one state and one parent in another.
Here is a look at what each looks like:
Legal Custody relates to the decision-making powers of one or both parents. Decisions relating to, for instance, which schools the child will attend, what religion the child will practice, what medicines the child will take when sick and/or medical care the child will receive when ill. If you have joint legal custody with the other parent you cannot exclude him or her from the decision-making process. However, if you do have joint legal custody both parents have the right to make decisions and either parent can make a decision alone. It is always better to make decisions together so that the other parent does not take you back to court.
Physical Custody relates to who the child resides with. This type of custody relates to who the primary custodial parent will be for the child. In certain instances, the court will be more inclined to grant joint physical custody. However, you can have joint physical custody even if the time share is not 50/50. Generally the parent with whom the child primarily lives (called the “custodial” parent) will have sole or primary physical custody, and the other parent (the noncustodial parent) will have the right to visitation or parenting time with his or her child. It is important not to get caught up in the labels and instead focus on what is the best schedule for your children.
Silky Sahnan is the owner of the Law Offices of Silky Sahnan, a Divorce and Family Law firm in Brentwood, CA. Her team focuses on divorce, legal separation, annulment, custody and visitation, child support, and property division.
To contact the Law Offices of Silky Sahnan call (925) 276-0789 or email [email protected]. The information in this article is not intended as legal advice. For specific legal advice in your situation, please contact me and we can schedule a consultation.
2 comments
I love that you have info posted on ECT Silky, you are the best! If possible, always go for legal and physical custody especially if your ex is a lowlife scum. It will make life so much easier until your child is 18. Also be sure to fight for more than a 50-50 split of joint physical custody.
Brentwood Mom@ what if your ex is a good law abiding citizen that was in a relationship that just didn’t work. Would you still suggest fighting for more than 50-50 joint physical custody? Just curious as to what goes through a women’s head when they are so mad at the man for wanting to be is the child’s life equally.
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