What is the difference between legal and physical custody?

Legal custody is the right to make major decisions on behalf of a child, such as decisions about health care, education, and religious upbringing. Physical custody is the right to be the primary caretaker of a child. In North Carolina, the courts generally presume that it is in the best interest of the child for both parents to share joint legal custody of the child. This means that the parents would have an equal say in decisions regarding the child’s health, education, and religious upbringing. However, the courts have the discretion to award sole legal custody to one parent if they deem it to be in the best interest of the child. Regarding physical custody, the courts will make an effort to divide the child’s time between both parents in a way that is appropriate for the child’s ages and current circumstances. Generally, this means that both parents are awarded joint physical custody and the child resides primarily with one parent, with the other parent receiving visitation. However, the courts can award one parent primary physical custody and the other parent visitation if the court finds it in the best interest of the child. It is important to note that the award of physical custody does not necessarily mean that the parent with primary physical custody will also be awarded legal custody.

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What is the difference between legal and physical custody?

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