Child Custody 101: Legal Custody vs. Physical Custody
Courtney Green • October 8, 2020
Whether you are considering divorce or in the middle of a contentious custody case, it is important to understand the different types of child custody so that you can create a parenting plan that works best for you and your family.
Legal Custody vs. Physical Custody – What’s the Difference?
Legal custody refers to the rights and the obligation to make decisions about a child. The types of decisions can include choices such as: education, religious upbringing, non-emergency medical decisions or procedures, extracurricular activities, childcare provider, choice of pediatrician or counselor, purchase or operation of a motor vehicle, contraception and sex education, and even decisions relating to actual or potential litigation on behalf of the children.
Legal custody decisions are major decisions affecting the health, welfare, and education of the child. Day-to-day decision making, such as what to eat for lunch, which emergency room to bring the child to if they break their foot, or what type of toothpaste to use is up to the parent exercising parenting time at that time.
Physical custody
refers to which parent the child is physically with at any given time, specifically, where the child is residing that night and which parent is caring for them. This type of custody is what most people think of when they hear “parenting time,” “parenting schedule,” or “custody arrangement.” It is the custody schedule that you are negotiating. It is important to take into account school, work, and travel schedules when deciding on physical custody.
Sole Custody vs. Joint Custody – What’s the Difference?
Now that you know the difference between legal custody and physical custody, we can talk about the four types of physical custody and legal custody arrangements you can request, and what that means for you and your child. Within legal custody and physical custody, parents either have sole legal or joint legal, and sole physical or joint physical custody.
Joint legal custody is the most common type of legal custody. It refers to both parents making decisions together for the best interest of the child. Of course, as in any family, there are some decisions where parents may not see eye to eye. Opening the lines of communication can be difficult for a family going through a period of transition; however, it is important, now more than ever, for parents to listen, empathize, and compromise with one another when it comes to making decisions that will affect their children for years to come.
Sole legal custody refers to one parent having the sole authority to make decisions regarding health, education, and welfare on behalf of the child. This is not typical of most custody situations; however, it is not altogether rare. There are some situations when parents may agree, or a judge may order, that one parent should have sole legal custody of the child. Such circumstances that may warrant sole legal custody include, but are not limited to: one parent living a great distance away, there is a significant history of abuse or neglect, or one parent significant and untreated substance abuse or mental health issues.
Joint physical custody,
as with joint legal custody, is the most common form of physical custody. In this scenario, the parents share equal parenting time of the child, or close to equal. A joint physical custody schedule can look very different for different people. There is no cookie-cutter way to share parenting time that can be applied to every family. In negotiating a parenting plan, be sure to keep in mind work and school schedules. Some schedules may look great on paper but remember these schedules have to work for you and your family in your every day lives.
Sole physical custody refers to one parent being given all or almost all of the physical time with the child. It is uncommon for one parent to be given sole physical custody, but it is an option when one parent has significant impairments that affect their ability and willingness to actively perform their functions as a parent. Such impairments may include, but are not limited to: untreated substance or alcohol abuse, untreated mental illness, or abusive or neglectful behaviors.
Physical Custody vs. Visitation Rights – What’s the Difference?
If one parent is granted sole physical custody due to the other parent’s inability to parent safely or effectively, it does not mean that the other parent cannot see their child at all. In some instances, for a myriad of reasons, a parent may be awarded sole physical custody and the other parent given visitation rights. The parent with sole physical custody will have custody of the child most of the time and the other parent will have visitation time with the child, a shorter period of time that may include some overnight visits.
There are circumstances that may require a parent’s visitation time to be supervised for the safety of the child. Most courts offer supervised visitation at the courthouse or court-approved centers, where a court-appointed/approved supervisor oversees the visit. Other times a court may allow a family member to supervise the visits with the parent. There are also private supervisors that can be involved, hourly rates ranging from of $50-$75.
Child custody is an overwhelming and emotional decision. Consulting with experienced attorneys who are knowledgeable and understanding can help ease your mind and the process of designing a parenting plan that works for you and your family. Contact us today to consult about your custody options.
Legal Custody vs. Physical Custody – What’s the Difference?
Legal custody refers to the rights and the obligation to make decisions about a child. The types of decisions can include choices such as: education, religious upbringing, non-emergency medical decisions or procedures, extracurricular activities, childcare provider, choice of pediatrician or counselor, purchase or operation of a motor vehicle, contraception and sex education, and even decisions relating to actual or potential litigation on behalf of the children.
Legal custody decisions are major decisions affecting the health, welfare, and education of the child. Day-to-day decision making, such as what to eat for lunch, which emergency room to bring the child to if they break their foot, or what type of toothpaste to use is up to the parent exercising parenting time at that time.
Physical custody
refers to which parent the child is physically with at any given time, specifically, where the child is residing that night and which parent is caring for them. This type of custody is what most people think of when they hear “parenting time,” “parenting schedule,” or “custody arrangement.” It is the custody schedule that you are negotiating. It is important to take into account school, work, and travel schedules when deciding on physical custody.
Sole Custody vs. Joint Custody – What’s the Difference?
Now that you know the difference between legal custody and physical custody, we can talk about the four types of physical custody and legal custody arrangements you can request, and what that means for you and your child. Within legal custody and physical custody, parents either have sole legal or joint legal, and sole physical or joint physical custody.
Joint legal custody is the most common type of legal custody. It refers to both parents making decisions together for the best interest of the child. Of course, as in any family, there are some decisions where parents may not see eye to eye. Opening the lines of communication can be difficult for a family going through a period of transition; however, it is important, now more than ever, for parents to listen, empathize, and compromise with one another when it comes to making decisions that will affect their children for years to come.
Sole legal custody refers to one parent having the sole authority to make decisions regarding health, education, and welfare on behalf of the child. This is not typical of most custody situations; however, it is not altogether rare. There are some situations when parents may agree, or a judge may order, that one parent should have sole legal custody of the child. Such circumstances that may warrant sole legal custody include, but are not limited to: one parent living a great distance away, there is a significant history of abuse or neglect, or one parent significant and untreated substance abuse or mental health issues.
Joint physical custody,
as with joint legal custody, is the most common form of physical custody. In this scenario, the parents share equal parenting time of the child, or close to equal. A joint physical custody schedule can look very different for different people. There is no cookie-cutter way to share parenting time that can be applied to every family. In negotiating a parenting plan, be sure to keep in mind work and school schedules. Some schedules may look great on paper but remember these schedules have to work for you and your family in your every day lives.
Sole physical custody refers to one parent being given all or almost all of the physical time with the child. It is uncommon for one parent to be given sole physical custody, but it is an option when one parent has significant impairments that affect their ability and willingness to actively perform their functions as a parent. Such impairments may include, but are not limited to: untreated substance or alcohol abuse, untreated mental illness, or abusive or neglectful behaviors.
Physical Custody vs. Visitation Rights – What’s the Difference?
If one parent is granted sole physical custody due to the other parent’s inability to parent safely or effectively, it does not mean that the other parent cannot see their child at all. In some instances, for a myriad of reasons, a parent may be awarded sole physical custody and the other parent given visitation rights. The parent with sole physical custody will have custody of the child most of the time and the other parent will have visitation time with the child, a shorter period of time that may include some overnight visits.
There are circumstances that may require a parent’s visitation time to be supervised for the safety of the child. Most courts offer supervised visitation at the courthouse or court-approved centers, where a court-appointed/approved supervisor oversees the visit. Other times a court may allow a family member to supervise the visits with the parent. There are also private supervisors that can be involved, hourly rates ranging from of $50-$75.
Child custody is an overwhelming and emotional decision. Consulting with experienced attorneys who are knowledgeable and understanding can help ease your mind and the process of designing a parenting plan that works for you and your family. Contact us today to consult about your custody options.
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