Is joint physical custody the same as joint legal custody?

No, joint physical custody and joint legal custody are two separate types of custody in North Carolina. Joint legal custody gives both parents equal rights to make decisions about the child’s life, such as decisions about medical care and education, and the responsibility to give their input to make decisions. Joint physical custody involves both parents having equal time, or close to equal time, with the child. It is possible for both parents to have both joint physical and joint legal custody, but it is not a requirement. For example, both parents might agree to have legal custody but not physical custody, meaning that both parents will have a say in decisions concerning the child, but one parent may have more time with the child. Likewise, the parents might agree to have joint physical custody, but one parent may have the majority of the decision making power over the child’s life. It is important to note that joint physical custody and joint legal custody do not require a 50/50 split of time with the child or equal decision making power. It is up to the parents and the court to decide how to share the custody. In any situation, the court takes the best interests of the child into consideration when making decisions about child custody.

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