The Difference between Physical and Legal Custody

During a custody battle, it can be difficult and emotionally exhausting when trying to establish the perfect negotiation terms for the care of your child. While it is important to always put the needs of your child above all else, it can be disheartening trying to argue with your ex-partner over every little detail. Once the two of you finally come to an agreement, there are still a few child custody terms that you should become familiar with so you know exactly how you can take care of your child.

There are typically two types of custody: physical and legal. They are different because they both uphold completely different sets of terms to decide how active you get to be in your child’s life. When participating in a custody battle with your spouse, make sure you understand these differences so you can best negotiate a care plan for your loved one.

  • Physical Custody

Physical custody is what grants a parent the ability to be present in a child’s life. This authorization allows the child to live with that parent, spending time with them in their household. Oftentimes, when the two spouses can come to an agreement, they will share physical custody, meaning that the child can spend their time between both parents’ homes.

  • Legal Custody

Legal custody authorizes a parent to make important decisions about the child’s life. The parent with legal custody can make decisions about the child’s education, housing, healthcare, housing situation, and more. Legal custody gives the parent the right to make all of the important choices about their child’s life.

  • Joint or Sole Custody Situations

Not all parents with physical custody have the right to legal custody. In a lot of cases, one parent will have physical and legal custody, while the other simply has physical custody. It is possible to have joint legal custody, and this is typically something that the courts will urge you and your ex-spouse to strive for. Having joint legal and physical custody can be the easiest decision on a child, as they will feel like both of their parents are still as actively present in their lives as ever.

  • Contact a Child Custody Lawyer to Settle the Details

Whether you are striving for joint legal and physical custody, or you have some complications you need to work out with the court, having a reliable child custody lawyer by your side can make the process a lot easier. At Casement Group, P.C., we have a child custody lawyer in Hoffman Estates and neighboring suburbs to help you make the important decisions in your child’s life.

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