The difference between physical and legal custody
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The difference between physical and legal custody

On Behalf of | Apr 8, 2025 | Child Custody |

Dividing child custody is an important part of the process when parents get divorced. What is important for these parents to understand is that there are actually two components to this custody arrangement. It is not as simple as just determining where the child is going to live.

Of course, the child’s living situation is a focal point, and this is known as physical custody. Typically, parents will alternate physical custody back and forth, such as on an every-other-week schedule or a 2–2–3 schedule. The parent who has physical custody at the time is in charge of the child, lives with them and takes care of them. But parents also have to consider legal custody rights, which are much different.

Making key decisions

Essentially, legal custody is the ability to make decisions for the child. What religion should they be a part of? Where should they open a bank account? What type of healthcare should they receive or what pediatrician should they see? What school should they go to?

These are all normal questions that parents have to answer when they are married. However, if they get divorced, it is important to define legal custody rights to know who is in charge of making these decisions. If legal custody is shared jointly, parents will have to work together, and neither one can independently make these decisions. But it is also possible for one parent to have sole legal custody, meaning that they make all the important decisions—even if they share physical custody.

Complications are common when splitting up custody during a divorce, so parents must understand what legal steps to take.