What’s the Difference Between Physical and Legal Custody?

Losing custody of your children is one of the worst experiences a parent can endure, and fighting your ex for child custody may be one of the most frustrating experiences you’ll ever have. That’s especially true when one parent is unwilling to compromise, so if you’ve decided to fight for physical or legal custody, it’s important to be prepared. Talk to a family lawyer near you today.

First, read everything you can get your hands on about child custody laws in California. This will give you a firm understanding of issues like knowing the difference between physical and legal custody.

Let’s face it; even in an amicable divorce, it’s highly likely that your ex-spouse will take an opposing point of view when it comes to the kids. It’s just something you can expect from custody disputes.

Arm Yourself with Information

Legal custody means that you make all of the legal decisions concerning your child. Healthcare, education, and religion all fall under the umbrella of legal custody. Joint legal custody allows both you and the other parent to make these decisions and is often granted so the parent who only has visitation rights also gets to participate in important decisions. 

Physical custody simply means that the parent controls daily care, living situation, and primary care responsibilities. The secondary parent provides backup. Usually, judges award physical custody by deciding which parent had been the child’s main caregiver while the marriage was intact. 

It’s unusual for a court to award joint physical custody. One parent is typically awarded primary physical custody while the other is awarded secondary physical custody. Judges are known to frown upon shuttling a child back and forth between two homes, and that’s why one parent is typically assigned as primary.  

Joint physical custody is also called shared physical custody.

Protect Your Parental Rights with Help from a Family Lawyer

Learning about child custody mediation should be your top priority. Knowing what’s the difference between physical and legal custody will help, but your ex may be lawyering up, so don’t hesitate to seek out a California child custody lawyer for yourself. A lawyer can help you negotiate a child custody arrangement that works well for you and the children.

You deserve to protect your rights as a parent and have the best possible outcome for your children. Emotions run high and common sense is often in short supply when dealing with delicate family matters. Minimize the drama. Contact The Law Office of Laurence J. Brock at 909-466-7661, or complete the contact form below.