Understanding the Difference Between Physical and Legal Custody

The phrase “Child Custody” is used to describe parental rights and obligations regarding the care of their children. Child custody issues often arise in situations in which unmarried individuals have children or parents who are married get divorced. If you find yourself in a Child Custody battle, it is important to seek qualified legal help right away.

There are several different types of child custody:

• Legal Custody: Parents who have legal custody are able to make legal decisions on matters impacting the child.
• Physical Custody: Children live with parents who have physical custody.
• Sole Custody: One parent has both physical and legal custody of the child. The other parent may have visitation rights, but does not have any custodial rights, and cannot make decisions affecting the child.
• Joint Legal Custody: In a situation of joint legal custody, both parents have a say in decisions that impact the child. In the event of a major dispute between parents who share joint legal custody, the courts can settle the dispute.
• Joint Physical Custody: When parents share joint physical custody, the children split time between living with both parents.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.