What is the Difference Between Legal Custody and Physical Custody?

If you have children and are divorcing or otherwise splitting up with the child’s other parent, you will need to address the topic of child custody. This means you should be familiar with the terms and processes. There are two main terms to know about legal custody and physical custody.

These are not the same thing, and it’s possible that these two types of custody may be set up differently for each parent. For example, it’s not uncommon for a parent to have one type of custody but not the other. That’s because the courts decide on these types of custody based on the best interests of the child. It’s not necessarily what the parents want.

Physical Custody

When people think of child custody, they primarily think of physical custody. This refers to where the children live most of the time and which parent provides daily care and supervision. There is joint or shared physical custody, which means the child’s time is split between both parents’ homes, though not necessarily equally. The arrangement allows the child to maintain a significant presence in both parents’ lives.

There is also sole physical custody, which is when the child primarily lives with one parent, and the other parent may have visitation rights. This might be the best solution for the children in certain situations, such as when the parents live too far apart or when one parent isn't able to provide proper care for the kids due to mental health issues or substance abuse.

Legal Custody

Legal custody refers to the right and responsibility to make important decisions about a child’s life. This includes decisions related to education, health care, religious upbringing, and general welfare. It also includes participation in extracurricular activities like team sports, school band, or music lessons. In Texas, this is called managing conservatorship.

Joint legal custody is when both parents share the responsibility of making these decisions. They must cooperate and agree on significant aspects of the child’s upbringing. This is the most common arrangement. Most married parents make important decisions about their children together. When they divorce or separate, judges usually prefer to keep this arrangement based on the longstanding recognition by courts that fit parents have a fundamental right to decide how their children are raised.

There is also sole legal custody, which is when one parent has the exclusive right to make these decisions. This is not as common, but judges may grant sole legal custody to one parent when that would be best for the children. This is often true in cases involving domestic abuse, child neglect, mental illness, or substance abuse problems.

Contact Our Texas Family Law Attorney John Powell III Today

Legal and physical custody are two different types of custody you should know about if you have minor children and are splitting up with the other parent. Make sure you understand these terms and how they can affect your case.

Count on Texas family law attorney John Powell III, P.C., to help you focus on the best interests of your children in these situations. We will help you get the best outcome possible. Schedule a consultation today by calling 832-850-6095 or filling out the online form.