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What is the difference between legal custody and physical custody?

Serafini, Michalowski, Derkacz & Associates

There are two types of custody that will be determined in a custody or divorce case.

Legal custody involves major decisions affecting the child, including, but not limited to schooling, healthcare, and religion. Physical custody refers to the time spent with each parent.

Custody differs depending on the situation. It is typical for legal custody for be joint. Physical custody can be joint (roughly half of the time is spent with the mother and half of the time with the father) or sole (one parent has the majority of the time with the children). If one party has sole physical custody, then the other parent will generally have a set parenting time plan.

Related Posts: Holiday Parenting Time, Best Interest Factors: What are they?, What is “proper cause” to challenge custody?, What is an established custodial environment?

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