Child Custody and Visitation Attorney in Atlanta, Georgia
Legal & Physical Custody: What is the difference between legal and physical custody?
Legal & Physical Custody: What is the difference between legal and physical custody?
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A question that I get a lot is what is the difference between legal custody and physical custody and that’s a very good question. Physical custody just refers to the amount of time that is spent with one party versus the other. So if a party has primary physical custody then that usually means that the child or children spend more than 50 percent of the time with that parent.
Joint legal custody is more a term of art. That means if there is joint legal custody then both parties’ have a right to weigh in on the decisions of their child. It means that both parties’ can weigh in on the decisions of their child, they can look at medical records, that sort of thing. So most party’s in most divorce cases will actually have joint legal custody it really is an anomaly for someone to have sole legal custody.
So joint legal custody is the standard unless there’s an exceptional circumstance but in terms of physical custody that usually is one party has primary custody and the other person has secondary. There is such a thing as joint physical custody in some unique situations that it can work but it usually requires the party’s getting along.
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Atlanta, GA family law attorney Regina I. Edwards discusses the difference between legal and physical custody. She explains that a common question I often receive is about the distinction between legal custody and physical custody, and it’s an important one to clarify. Physical custody primarily refers to the amount of time the child or children spend with each parent. If one party has primary physical custody, it means that they have the majority of the parenting time, typically exceeding 50 percent.
On the other hand, joint legal custody is a legal term indicating that both parents have the right to participate in decision-making processes concerning their child. This includes important matters such as medical decisions and other significant aspects of their child’s life. In most divorce cases, joint legal custody is the standard arrangement, allowing both parents to have a say in their child’s upbringing. It’s relatively uncommon for one parent to have sole legal custody, as joint legal custody is the norm unless exceptional circumstances dictate otherwise.
Regarding physical custody, it typically involves one parent having primary custody while the other parent has secondary custody or visitation rights. However, in unique situations where the parents can effectively cooperate and get along, joint physical custody may be considered as an arrangement where the child spends substantial time with both parents.
In summary, joint legal custody is the standard practice unless specific circumstances suggest otherwise. In terms of physical custody, it often involves one parent having primary custody while joint physical custody requires a positive co-parenting dynamic and works in certain exceptional cases.
