Difference Between Physical & Legal Child Custody
Two Types of Physical Child Custody
The typical child custody order will state two types of physical child custody, Primary Physical Child Custody and Partial Physical Child Custody. Primary physical child custody means the parent that has the child the majority of the time and partial physical child custody means the parent that has the child less than the majority of the time. There’s no advantage or disadvantage to having primary or partial physical child custody other than the fact that one parent has a bit more time with the child than the other. For example, if one parent has 53% time with the child, then that’s the parent with primary physical child custody and the other parent that has the child 47% of the time is the parent with partial physical child custody. And that’s it. There’s nothing more to it. .
Legal Child Custody
The typical child custody order will state the parent who has legal child custody. The parent with legal child custody has the right to make major decisions on behalf of the child like medical, religious and educational decisions. Assuming that there’s no big problems with either parent, a typical custody order states that both parents share legal custody of the child, and both parents have the right to make major decisions on behalf of the child. When the parents can’t agree, then the remedy is to go to court and have the court decide. If over time the parents demonstrate that they’re incapable of coopering in make major decisions on behalf of the child, then the court may change the custody order and give legal custody to just one of the parents—usually the parent that is not acting unreasonably.
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