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What is the difference between Legal and Physical Custody?

Posted By Tim   |   Comments (0)
Child Custody & Visitation,

 

 

Legal vs Physical Custody

A big topic in headlines today, Angelina Jolie and Brad Pitt recently filed for divorce. Word has it that Jolie is seeking joint legal custody, but sole physical custody. While divorce is a sensitive topic for all those involved, it is important to understand these terms in relation to your children. What is the difference between legal and physical child custody, and which would be best suited for your children? Child custody can be a difficult and complex issue  to navigate in family law, that varies from state to state. An experienced family law attorney can assist you in understanding these terms and their implications, outlining goals for your case, what you may expect from proceedings, and types of custody arrangements the judge may set up.

Physical custody refers to where the child will be living; whether your home, or your ex-spouse's home. The judge may consider a wide range of factors when coming to a decision. The best interests of the child are top priority. The court may also consider each parent's capacity for providing care, the stability of the home environment, each parent's history of domestic violence, drug, or alcohol abuse, among other factors. It's possible to establish joint physical custody, but this may be difficult for the child involved, even if both parents prefer this. Usually, a child may live at one residence and have frequent visitation with the other parent.

Legal custody is about having the authority to make major decisions regarding how the child is raised. This can refer to decisions relating to your child's education (where they go to school), healthcare (whether or not they receive medical care), and religious preferences (what religions are practiced, and what kind of activities are observed). In emergent situations, legal custody grants the parent the right to make immediate decisions.

If knowing is half the battle, speaking with an experienced child custody attorney will help you minimize this traumatic time for your family. With the family law professionals at Azemika & Azemika, we will create fast, sympathetic, and effective solutions specifically crafted for your situation. Contact us today for assistance with Legal and Physical Child Custody.

What is the difference between Legal and Physical Custody?


A big topic in headlines today, Angelina Jolie and Brad Pitt recently filed for divorce. Word has it that Jolie is seeking joint legal custody, but sole physical custody. While divorce is a sensitive topic for all those involved, it is important to understand these terms in relation to your children. What is the difference between legal and physical child custody, and which would be best suited for your children? Child custody can be a difficult and complex issue  to navigate in family law, that varies from state to state. An experienced family law attorney can assist you in understanding these terms and their implications, outlining goals for your case, what you may expect from proceedings, and types of custody arrangements the judge may set up.


Physical custody refers to where the child will be living; whether your home, or your ex-spouse's home. The judge may consider a wide range of factors when coming to a decision. The best interests of the child are top priority. The court may also consider each parent's capacity for providing care, the stability of the home environment, each parent's history of domestic violence, drug, or alcohol abuse, among other factors. It's possible to establish joint physical custody, but this may be difficult for the child involved, even if both parents prefer this. Usually, a child may live at one residence and have frequent visitation with the other parent.


Legal custody is about having the authority to make major decisions regarding how the child is raised. This can refer to decisions relating to your child's education (where they go to school), healthcare (whether or not they receive medical care), and religious preferences (what religions are practiced, and what kind of activities are observed). In emergent situations, legal custody grants the parent the right to make immediate decisions.


If knowing is half the battle, speaking with an experienced child custody attorney will help you minimize this traumatic time for your family. With the family law professionals at Azemika & Azemika, we will create fast, sympathetic, and effective solutions specifically crafted for your situation. Contact us today for assistance with Legal and Physical Child Custody.


 

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