Understanding the Difference Between Legal and Physical Custody

Physical custody only determines which parent a child will primarily reside with. Primary physical custody may be awarded to only one parent. Joint physical custody essentially means that a child splits his or her time between his or her parent’s homes. Unless the parents get along extremely well and live in very close proximity to one another, it is typical that one parent will have primary physical custody, and the other will enjoy reasonable parenting time.

It is important to understand that physical custody does not determine a parent’s right to make decisions about the child’s life. Most people think of child custody as physical custody of a child, but physical custody is only half of the custody equation. Another important piece is who has legal custody of a child. Legal custody is what gives a parent the right to make key decisions about a child’s life such as what school they will attend, medical care decisions including child vaccinations. For example, legal custody is what enables a parent to request information from a child’s school and doctors. In the vast majority of cases, parents are awarded joint legal custody.

It is important to note that one parent being awarded sole legal custody is not the equivalent of terminating the non-custodial parents’ parental rights. A parent without legal custody can still be awarded parenting time with his or her child as a parent has a constitutional right to see their child.

If you are thinking about divorce or have questions about custody, please call us at 617-871-9662. Every initial consultation is free.