custody and physical custody are two distinct concepts in family law that refer to different aspects of a parent’s rights and responsibilities regarding their child.
Legal custody refers to the right and authority to make important decisions on behalf of the child. These decisions typically include matters related to the child’s education, healthcare, religious upbringing, and general welfare. When a parent has legal custody, they have the legal right to make these decisions without the need for consulting or obtaining consent from the other parent.
Physical custody, on the other hand, refers to where the child primarily resides and spends their time. It determines which parent the child lives with on a day-to-day basis. The parent with physical custody is responsible for the child’s daily care, including providing food, shelter, clothing, and supervision.
It is important to note that legal custody and physical custody can be awarded jointly or solely to one parent, depending on the circumstances and the best interests of the child.
Joint legal custody means that both parents have an equal say in making major decisions regarding the child’s upbringing. They must consult and cooperate with each other to reach agreements on important matters. This arrangement allows both parents to have an active role in their child’s life and ensures that both parents have a voice in important decisions.
Sole legal custody, on the other hand, grants one parent the exclusive right to make major decisions for the child without consulting the other parent. This is typically awarded when one parent is deemed unfit or unable to make decisions in the best interests of the child, such as in cases of abuse, neglect, or substance abuse.
Similarly, physical custody can also be awarded jointly or solely. Joint physical custody means that the child spends significant time with both parents, and they share the physical care and responsibility for the child. This arrangement allows the child to have frequent and ongoing contact with both parents.
Sole physical custody, on the other hand, means that the child primarily resides with one parent, and the other parent may have visitation rights or scheduled parenting time. This arrangement is typically awarded when it is determined to be in the best interests of the child, such as when one parent is unable to provide a stable and suitable living environment.
In summary, legal custody refers to the right and authority to make important decisions on behalf of the child, while physical custody determines where the child primarily resides and spends their time. Both legal and physical custody can be awarded jointly or solely, depending on the best interests of the child and the specific circumstances of the case.