What is the Difference Between Physical Custody and Legal Custody?

by Bartholomew & Wasznicky on April 2, 2012

In deciding custody there are two different levels of care. Legal custody refers to the major decisions made on behalf of the child. Parents who share joint legal custody must share in decisions regarding the health, education, and welfare of the child. Decisions like which school children will attend, what religion they will practice or whether they will have elective surgery (i.e., tonsils removed) are decisions which fall under the category of “major” decisions.

Parents who share joint legal custody do not necessarily share joint physical custody. Physical custody is the day to day care of the children. It involves minor everyday decisions like what the children will wear to school, what they will eat for breakfast and when they do their homework.

In a divorce parents are awarded either joint or sole legal and joint or sole physical custody. It is possible for parents to have joint legal custody and one parent to have sole physical custody.

Getting Legal Help

Experienced Sacramento Family Law Attorney Hal Bartholomew can help you understand the factors for custody and the responsibilities which come with it.  We can help you get through your divorce with respect and compassion.  Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.

 

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