In family law, one of the most common misunderstandings is the distinction between legal and physical custody. As a family lawyer, I am often asked to explain the inherent differences between these two kinds of custody. Since it is an important topic for parents to understand, here, I will go over the differences between legal and physical custody and how they impact the lives of both parents and children.

Understanding custody arrangements

Custody arrangements determine the specific division of responsibilities and decision making power between parents following a separation or divorce. These arrangements lay the foundation for how exactly parents will share the care of their children.

Custody arrangements vary depending on the circumstances and needs of each family. Some common types of custody include sole custody, joint custody, and split custody. Sole custody gives one parent exclusive legal and physical custody, and joint custody enables both parents to share decision making and physical custody. Split custody, meanwhile, occurs when parents have more than one kid, and each parent is granted custody of at least one child.

All of these arrangements exist to provide stability for the children, and ensure their well-being. The best interests of each child are the primary consideration in custody arrangements. The court, therefore, takes into account factors like the kid’s relationship with each parent, the ability of the parents to cooperate, and the child’s own wishes (depending on age and maturity).

What is legal custody?

Legal custody is the authority to make important decisions regarding the raising and well-being of a child. Decisions like the child’s education, healthcare, religious and cultural practices, and general welfare are impacted by the custody arrangement. In a legal custody arrangement, the parent or parents who possess legal custody have the right and responsibility to make decisions on behalf of the kid.

Legal custody can be given to one parent only (known as sole legal custody) or can be shared between both parents, known as joint legal custody. If one parent has sole legal custody, that parent has the final say on all major decisions for the child. Joint legal custody, on the other hand, requires that both parents have an equal say in important decisions that impact the kid’s life.

It’s important to remember that legal custody does not necessarily determine where the child lives. It is focused only on the decision making authority of parents. Therefore, legal custody can be seen as the framework within which physical custody and visitation arrangements are made.

What is physical custody?

Physical custody refers specifically to where the child lives, and who has the responsibility for their day-to-day care and supervision. Physical custody encompasses the most practical aspects of parenting like providing a home, meals, clothing, and transportation for the kid. Arrangements of physical custody vary widely depending on the circumstances of each family and the needs of the children.

If you need help navigating the legal complexities of a custody case, reach out to me today – a local family lawyer in Union City, CA!