When parents divorce, they have to decide where the child will live. They also have to make decisions regarding the upbringing of the child. Child custody laws describe the rights and responsibilities of parents for their child.
Physical custody will generally describe who the child will live with. The parent may agree on physical custody, or the court may order a parenting plan. In general, a child will live primarily with one parent. The parent would be considered as sole physical custody. The other parent would be non-custodial parent. If the child lives equally with both parents, the parents are said to have joint physical custody.
Legal custody will generally describe the decision making on upbringing of the child. In most cases, both parents will have joint legal custody of the child. However, the court awards sole custody to one of the parents in some cases.
Legal custody is very different from physical custody. For instance, a parent with legal custody has the right to decide on the child’s medical care, dental care, education, and religion. However, the child may or may not live with that parent. It is important for the parent to understand the difference before making a request for legal custody.
Legal battles over child custody can be long and expensive. Both parents will need to pay very expensive legal fees to family courts and family law attorneys. If it is possible, parents should come to an agreement on physical and legal custody of the child without the family courts.
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