What is the difference between legal and physical custody?

Legal custody and physical custody are two terms commonly used when discussing child custody in California. Legal custody refers to the rights and responsibilities of a parent to make decisions about a child’s health, education, and welfare. These decisions include where the child will attend school, whether the child will participate in activities, and what type of religious education the child will receive. On the other hand, physical custody refers to the right to have physical care and control of the child. Physical custody covers where the child will reside and when they will spend time with each parent. When a court grants legal and physical custody, it is known as joint custody, which is the most common custody arrangement. This means that both parents will share legal and physical custody of the child. However, one parent may be awarded sole physical custody, which gives them the right to make all decisions regarding the child’s physical care, while the other parent is awarded visitation or shared legal custody. In some cases, the court may choose to award one parent sole legal custody, giving them the right to make all decisions related to the child’s health, education, and welfare without the other parent’s input. In these cases, the other parent may still have visitation rights or be granted joint physical custody. No matter which type of custody is awarded, the court’s primary consideration is always the best interests of the child. When making a custody determination, the court will take into consideration factors such as the quality of the relationship between the parents, the relationship between the child and each parent, and any history of abuse or neglect in the home.

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What is the difference between legal and physical custody?

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