What is the difference between physical and legal custody?

The difference between physical and legal custody in Virginia pertains to the type of control and responsibility a parent has over a child. Physical custody refers to the actual physical presence of a child. The parent with physical custody is responsible for the daily care and supervision of the child. Legal custody, on the other hand, is the right and responsibility to make decisions about a child’s upbringing, lifestyle, and welfare. This may include decisions about education, religion, and medical care. In Virginia, both physical and legal custody can be given to either parent or to both parents. When both parents are given joint physical and legal custody, the child will likely reside with both parents, but may spend more time with one parent than the other, depending on their schedules and location. In this case, both parents will share in the decision-making of their child’s upbringing. However, if only one parent is given physical and legal custody, the other parent will likely not be involved in decisions relating to the child and may only be granted visitation rights. In short, physical custody refers to the physical presence and daily care of a child, while legal custody is the right and responsibility to make decisions about a child’s upbringing. In Virginia, both physical and legal custody can be granted to either one parent or both parents, but only one parent may be granted sole physical and legal custody.

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