What Is Physical Custody ? |
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Couples getting divorced should completely understand the legal terms related to custody, or else they may be in for a rough ride. These terms do not have the same meaning as normal English words, and cannot be taken at face value. Particularly, couples should understand that there is a clear distinction between legal custody and physical custody. |
Legal custody means that a parent has the legal right to make decisions on behalf of their children. Some of the decisions are which school the child goes to, the type of education the child should have, religious activities and medical decisions. Under legal custody there are several kinds like
Sole legal custody gives the complete rights to only one parent. The other parent has no say literally, but may have access to the children in the form of visitations rights.
Joint legal custody is where both the parents have equal rights. Again either parent can actually have the physical custody of the child or it depends on the courts decision.
Physical custody means where the child lives physically most of the time. Again there are different types of physical custody.
Sole physical custody means that the child lives only one parent most of the time. The other parent may just have visitation rights.
Joint physical custody means that the couple shares the physical stay of the child equally. It is also called dual residency, shared parenting or equal parenting. The child typically spends one half of the week with one parent, and the other with the other parent.
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