Legal Custody vs. Physical Custody

Child custody is not a concept that most parents, unmarried or not, even think about while they are still together. However, if you have decided to get a divorce or end your relationship with your child’s other parent, you must understand the two fundamental types of child custody: physical and legal child custody. These two custody types will have a significant impact on child support and visitation rights.

Legal Custody is All About Making Major Life Decisions For Your Child

Legal custody is essentially the parent’s legal power or authority to decide on major life issues that will impact a child’s welfare, lifestyle, and upbringing, including:

• Your child’s education
• Whether your child should undergo certain medical treatments, tests, or procedures
• Your child’s religion
• Your child’s extracurricular activities, such as music lessons, sports, etc.

If you are the legal custodian, the parent ordered by the court to make decisions on behalf of your child, you can decide on the issues mentioned above without conferring with your co-parent. However, if you have shared or joint legal child custody, both of you must make the decisions together. Otherwise, you must ask the judge to decide and modify the custody order.

Physical Custody is About Your Child’s Primary Home

Physical custody is a parent’s legal right to decide daily issues for their child and which home their child will primarily live in. Kids normally go to school and have friends in the location where the physical custodian, the parent awarded physical custody, resides. The noncustodial parent will typically be given visitation rights or parenting time with their child. They can also decide daily issues for their child when their child is in their home. In general, a typical parenting plan will include alternate holidays, school breaks, and weekends. 

You Can Get Joint or Sole Child Custody

In an ideal world, parents should share physical and legal child custody and can work together, ensuring their child will have a sense of family, security, and stability. On the other hand, sharing child custody is not always best for the children of separated or divorced parents, particularly when the breakup was one-sided or wasn’t amicable. Judges usually want to award joint legal custody so both parents can decide on issues together. But, shared legal custody will only work when the parents cooperate with each other.

Judges aim to provide the most stable living environment for children, so they don’t typically award sole physical custody to one parent. Keep in mind that for most kids, particularly those who go to school, going from one house to another house every couple of days during the school week doesn’t create a sense of stability and may not be sustainable for everyone involved. In this case, one parent will be the child’s physical custodian and the other parent will be awarded visitation rights.

Seek Legal Guidance From Our Seasoned Georgia Child Custody Lawyers Now

If you and your child’s other parent cannot negotiate a fair child custody agreement or need to modify an existing court order, reach out to our Georgia child custody lawyers for assistance. Arrange your case review with our Georgia child custody lawyer by filling out our online contact form or calling 770-945-2320.