What is the difference between physical and legal custody?
Physical custody and legal custody are two distinct aspects of child custody law in Washington. Physical custody refers to the physical presence of a child with a parent or other designated family member, guardian, or caretaker. Legal custody, by contrast, gives the parent or custodian the right and responsibility to make significant decisions related to the upbringing of the child, such as those involving education, religious practice, and medical care. When a court assigns custody of a child, they will typically award either sole physical custody or joint physical custody. Sole physical custody means that the child resides with just one parent, while joint physical custody allows the child to live part-time with both parents. Legal custody, on the other hand, can be either sole or joint. In the case of sole legal custody, only one parent is responsible for making major decisions about the child; the other parent will have no say. In joint legal custody, both parents share in making decisions about the child, such as where they will go to school or which doctor they will see. In Washington, the court generally favors joint physical and legal custody whenever possible, as both parents are seen as having an important role to play in the child’s life. Ultimately, the court may decide that a different custody arrangement will be in the best interest of the child and award either sole physical or sole legal custody.
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