What is the difference between joint legal custody and joint physical custody?

Joint legal custody and joint physical custody are two different types of custodial arrangements for grandparents in West Virginia. Joint legal custody allows both parents, grandparents, or another court-appointed guardian to make decisions about the child’s medical and educational decisions. For joint legal custody to be established, both parents must agree to it and have it approved by the court. Joint physical custody is based on a parent’s or grandparent’s scheduled access to the child. This arrangement allows the child to spend an equal amount of time with both parents or the grandparents. This type of custodial arrangement allows both parents or grandparents to spend quality time with the child on a regular basis. The primary difference between joint legal custody and joint physical custody is that, while joint legal custody defines the decision-making rights of all parties, joint physical custody defines the body of physical time spent with a parent or grandparent. Joint legal custody requires the permission and agreement of both parents, whereas a parent may choose to file for joint physical custody without the other parent’s consent.

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