How Does Legal and Residential Custody Differ?

  • Legal custody is the term that we use for important decisions you make for your children, such as anything related to their health, education, and welfare.
  • Parents usually share joint legal custody, meaning that they are going to jointly make these decisions for their children.
  • Sole legal custody can be requested when a court deems a parent unfit to be a guardian.
  • Physical custody describes where the children live on a day-to-day basis.
  • Primary physical custody means the children reside primarily with one parent and have parenting time with the other parent.
  • Shared physical custody is when both parents are more actively involved in the day to day and overnights with the children, usually when a parent has 104 overnights with a child.