What Is Difference between Legal and Physical Custody

Ultimately, in joint custody cases, a parent is given final decision-making authority for periods when the parents are unable to make an amicable decision. Generally, the final decision rests with the parent who has primary physical custody. (Note: Physical custody is also shared in most cases.) There are two types of custody: legal custody and physical custody. In almost all cases, both types of custody are divided between the parents. So what`s the difference between legal custody and physical custody? Custody involves making decisions about the child`s life, while physical custody deals with the day-to-day care of the child. Read on to learn more about the different types of custody and what each of them means. Physical custody simply describes where the child will spend their time. Although both parents are legally able to make decisions about their child, the child is likely to spend more time with one parent while having a lot of parental leave with the other parent. There are many ways to share custody: week after week off, where the child spends a week with one parent and the next week with the other, a rotating weekend schedule with evening time during the week, a summer parenting plan – all this depends on how close the child is to both parents, the age of the child, the parents` work schedule, etc., etc. The courts consider several factors in deciding which parent should have custody of a child, including the parent who has been the child`s primary caregiver in the past, which parent has the resources and support to better meet the child`s physical and emotional needs in the future, and which parent lives in the child`s current school district.

If the child is at an age where the court considers that he or she is in a position to make a reasoned decision, the child`s preference for the parent with whom he or she lives may also be taken into account. As with any decision concerning children, the most important consideration of the court is what is best for the child. DETERMINING THE BEST INTERESTS OF THE CHILD: It is always preferable for parents to be able to agree on custody. However, if the parents cannot agree on custody, the court must decide on custody and parental leave by considering the “best interests of the child”. In addition to physical custody of a child, the courts must determine which parent should be given custody of a child. Custody is the right to make important decisions on matters such as the upbringing, health and religious education of the child. In other words, it is the right to make legal decisions in matters that affect the child. Courts determine primary physical custody based on several factors that vary from state to state, but most jurisdictions place great importance on who was the primary caregiver of the child during the marriage. Physical custody generally concerns the residence of a minor child.

Like legal custody, physical custody can be given to one parent or shared by both parents. Section 31 of Chapter 208 of the M.G.L. defines sole custody as where a child resides with one parent and is “under the supervision of one parent, subject to appropriate access by the other parent, unless the court decides that such access would not be in the best interests of the child.” In short, if one parent has sole custody, the child resides primarily with that parent and the other parent has parental leave, which likely reflects a schedule that allows the child to be with the primary guardian two-thirds of the time. In Massachusetts, the non-custodial parent usually has weekend parental leave. Get advice from Rocket Lawyer On Call. We make it affordable and easy. ® If you want more information, Hello Divorce offers a wealth of informative articles on custody situations. In these cases, parents must establish a schedule between them. This requires communication and compromise. Therefore, proper visitation is not often used in controversial custody cases. If you are having trouble determining which type of custody agreement is best for your child, you may want to consider the opinion of a custody assessor. Custody assessors are therapists or psychologists with special training in custody.

If Angelina had applied for joint custody instead of sole custody, she would have wanted Brad to share the right to physically care for the children. Physical custody is a parent`s right to allow the child to live with them. Custody may be awarded to only one parent. However, it is rare for a parent to have sole custody of a child unless the court deems the co-parent inappropriate. Parents can also share custody equally, or the child can live with a parent most of the time. If the child lives more often with one of the parents than with one of his parents, the domicile of the parent with whom the child stays more frequently is generally considered to be the child`s principal residence. Physical and legal custody arrangements are directly included in your parental consent. PHYSICAL RIGHTS: Physical custody determines where children live and what their living conditions are.

Custody can be single or joint. Sole physical custody means that physical custody is given to only one parent. The child will live primarily with this parent, and this parent will provide most of the child`s day-to-day care. Joint physical custody means that the parents share custody. Joint physical custody does not always mean a 50/50 schedule. However, this means that both parents have the right to provide physical care. Divorce is often one of the hardest things a couple has to endure at the end of a relationship. The distribution of property and property can become combative and anything but friendly.

However, one of the most painful aspects of a divorce must be determining custody. Often, parents fail to file for divorce for fear that their children will be negatively affected. Indeed, it is not always easy to decide who has custody of the children. It is generally divided into two components: who has custody and who has physical custody. To make things even more complicated, it is not uncommon for the two agreements to be structured differently. Parents can have joint custody and a timeshare of 20/80, 30/70 or 40/60 or 50/50. An example of a 50/50 timeshare would be weekly child care, where children live in one parent`s home one week and in the other parent`s home the following week. In general, courts are reluctant to separate the parent-child relationship and will ensure that both parents can make decisions about the child`s upbringing, health and religion, allow each parent to spend time with the child, and grant a joint legal and physical custody agreement. Regardless of the division of legal and physical custody ordered by a court, in practice there is some overlap between the two. For example, the parent with whom the child is at any given time has the right to make decisions about the child while the child is in the child`s care.

If a child needs medical treatment during a parent`s custody period, the parent is unlikely to violate a custody order for treatment, even if that parent does not have legal custody of the child. In this article, we explore the definitions and differences* between legal custody, joint custody, physical custody and joint custody. We also discuss possible visit scenarios. Custody refers to the responsibility to make decisions about important aspects of a child`s life. This can include decisions about a child: If you`re getting divorced or in the middle of a custody battle, it`s important to understand what custody terms mean in Michigan. In Michigan, the courts recognize two types of detention: physical and legal. If you`re considering divorce and aren`t sure about your legal custody rights, contact an experienced Indiana family law attorney today.