What is the difference between physical and legal custody?

Physical custody and legal custody are two separate types of custody. Physical custody refers to which parent a child lives with and the amount of time they spend with each parent. This can be decided by a court or by the parents through mediation. Legal custody refers to the rights and duties of a parent regarding their children. It involves decision-making rights involving a child’s education, medical care, religious upbringing, and other aspects of their lives. When determining physical custody, the court will consider the best interests of the child and will try to ensure that the child has a relationship with both parents. The court may grant sole physical custody to one parent if it believes that it is in the child’s best interests or it may grant joint physical custody to both parents. Legal custody can also be shared between both parents if the court finds that it is in the child’s best interest. With joint legal custody, both parents will have the right to make decisions about the child’s upbringing and welfare. If one parent is granted sole legal custody, only they will have the right to make important decisions about the child. In Alaska, courts generally prefer to award joint physical and legal custody, if possible, as it is in the best interests of the child to have both parents involved in their upbringing.

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