What is the difference between legal and physical custody?
Legal custody is the right to make decisions and give direction on behalf of the child, while physical custody is the right to have the child live in the custodial parent’s home. In Washington, both physical and legal custody can be shared by the parents or awarded to a single parent. When it comes to legal custody, a parent who has been granted legal custody has the authority to make decisions on behalf of their child. This includes decisions related to health care, education, and other matters regarding the child’s upbringing. In Washington, the court typically awards joint legal custody unless there is a history of abuse, neglect, or other dangerous circumstances. Physical custody is the right for a parent to have the child live in their home. Generally, a parent who has been granted physical custody will have the child living with them most of the time. In Washington, the court usually awards shared physical custody, meaning that the child will spend equal time with each parent in mutually agreed upon times. However, the court may award sole physical custody if it feels that shared custody is not in the best interest of the child. In summary, the main difference between legal and physical custody is the type of authority and access that each grants the parent. Legal custody grants the parent the right to make decisions on behalf of their child, while physical custody grants the parent the right to have the child live with them. In Washington, both legal and physical custody can be shared by both parents or awarded to one parent.
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