what is legal and physical custody and what rights come with each
2007-08-03 08:46:04 · 5 answers · asked by dustystar 4 in Politics & Government ➔ Law & Ethics
http://californiadivorce.info/legal.children.physicalvslegalcustody.htm
THIS ARTICLE IS FOR CALIFORNIA. iT EXPLAINS THE DIFFERENCE. I AM NOT SURE IF IT DIFFERS FROM STATE TO STATE, I LIVE IN TEXAS AND DURING BOTH OF MY CHILD CUSTODY CASES, I NEVER HEARD THOSE TERMS USED.
2007-08-03 08:56:14 · answer #1 · answered by Going Crazy 5 · 1⤊ 0⤋
Legal custody is the right to make all major decisions concerning the child. If joint legal custody is awarded both parents have equal say in the child and are supposed to make decisions together. For instance, one parent couldn't sign for a surgery, leave the state with the kids, etc without the other parent's approval. Physical custody is where the child lives most of the time. The physical custodian makes all day to day decision and does not have to consult the non custodial parent on those decisions. Examples would be haircuts, piercings, whether or not the kid has a cell phone etc.
Different states have specifics on each of these but that's a basic overview
2007-08-03 08:59:20 · answer #2 · answered by aly_des 3 · 0⤊ 1⤋
Legal custody involves the decision making for the best interest of the child. Physical custody relates to the location of the child.
As for what rights go with each, it depends on what kind of legal and physical custody.
If it is joint legal custody, then both parents must work together for the decision making. But, if it is sole legal custody, then one parent has ultimate decision making.
Primary physical custody is where the child lives most of the time. The other parent should, depending on the visitation order in the divorce decree, have periods of physical responsibility and visitation with the child.
2007-08-03 08:57:06 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Legal and physical custody also is further clarified by SOLE or JOINT.
With SOLE legal and physical custody, you have the sole right and decision making responsibility and custody is not shared with the other parent.
With JOINT legal and physical custody, both parents equally share the decision making responsibility and the living arrangements are shared (percentage outlined by the court order) between the parents.
Hope this helps.
2007-08-03 09:27:23 · answer #4 · answered by ken erestu 6 · 0⤊ 0⤋
Means you are the primary caregiver and that you have final say on any matter relating to the child. However the other parent still might have rights to see the child and be informed of matters
2007-08-03 08:50:00 · answer #5 · answered by ingsoc1 7 · 0⤊ 1⤋