Legal Physical Custody

The main theme in every child custody case is determining whether a custody decision is in “the best interests of the child.” Using this standard, allocations of parental decision making (“legal custody”) and time-sharing (“physical custody”) are made by the court in a contested custody battle.

(1) Legal Custody. Legal custody refers to the right and obligation to make decisions pertaining to the child’s education, religion, medical care, and general well-being. It does not include the day-to-day decisions that can be made without the input of the other parent. If decision making authority is vested in one parent, then that parent has sole legal custody. If decision making authority is shared, then both parents have joint or shared legal custody.

(2) Physical Custody. Physical custody is the right to provide a home for the child. Whichever parent’s home a child spends a majority of his or her time, that parent has primary physical custody. Where a child’s principal residence is split between parents, then the parents have joint physical custody.