How are legal and physical custody different?

On Behalf of | Jul 29, 2024 | Custody & Parental Access

When a couple gets divorced and they have children, dividing custody of those children becomes perhaps the focal point of that divorce case. There are still many other things to do, such as splitting up marital assets, but the child custody arrangement is often what causes conflicts and where couples need the most assistance.

But the court isn’t going to divide custody in just one way. There are actually two types of custody, known as physical and legal custody. It’s quite important for parents to understand how these are different and how they have actually been split up in the divorce order. 

Physical custody

With physical custody and parenting time, courts are dividing who the child spends time with and where they live. This could address things like what home the child lives in, when exchanges are made if both parents have custody, how visitation rights can be used, when parents are allowed to travel out of the state with their child and much more.

Legal custody

Legal custody, on the other hand, impacts all of the major life decisions that parents may need to make for their child, such as:

  • Where they go to school 
  • Which doctors they see 
  • What medications or vaccines they get 
  • What religion they’re raised in 
  • Where they open up a bank account

If parents are supposed to share legal custody, things can get very complicated if they don’t agree. Some issues may allow for compromises when the parents can’t agree, but there’s no way to compromise if the parents take radically different views on what sort of medical care or vaccines a child should receive or what religion they should follow. This is why it’s so important for parents to know exactly what legal rights they have and what steps they can take during a dispute. It is always easier to understand your legal options when you get legal guidance that is tailored to your situation.

At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.

 

Let Me Be Your Brave

Mia Poppe, Esq.

Mia Poppe, Esq.
Managing Partner