When many people think about child custody, they only think about the debate between sole custody and joint custody. The courts often prefer to split custody between two parents, but these parents may each want to fight for sole custody so that their child only lives with them. This can get somewhat contentious when parents can’t agree on how custody should actually be set up.
But even when custody is shared jointly between both people, there are still two types to consider. These are known as legal custody and physical custody.
How are they different?
Physical custody tells you about the child’s living situation. When one parent has custody, the child is living with them. If custody is shared between both people, they have to make periodic exchanges.
Legal custody, on the other hand, determines what key decisions are being made on the child’s behalf. Where will they go to school? What medical care should they receive? A parent who has legal custody can do things like opening financial accounts in the child’s name, choosing the religion they’ll be brought up in, and making other key decisions.
They can be divided differently
One thing to note is that these two types of custody do not have to be divided in the same way. Both parents could be given shared legal custody so that they both have to work together to make these important decisions, while sole physical custody is given to the parent with a better living situation. Every case is unique, and parents who are going through the process must understand all of their legal options.
