What is the Difference Between Legal and Physical Custody?

Legal Custody & Physical Custody

Child custody refers to the rights and responsibilities of the parents for taking care of the children. In California, there are two types

  1. Legal custody: who makes important decisions for your children (such as health care, education, welfare).

  2. Physical custody: who your children live with most of the time.

Legal and physical custody can be shared be Sole Legal and Sole Physical Custody to one parent or it can be shared Joint Legal and Joint Physical Custody.

Examples of important decisions:

  • School or childcare

  • Religious activities

  • Psychiatric, psychological, or other mental health counseling or therapy needs

  • Doctor, dentist, orthodontist, or other medical care (except in emergency situations)

  • Sports, summer camp, vacation, or extracurricular activities

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