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Physical custody refers to who the child lives with, the child's main care giver. Legal custody determines who can make decisions concerning the child. There are many variations.

Examples:

One parent can have sole physical custody with both parents sharing legal custody.

One parent can have sole physical and legal custody while the other parent has visitation rights.

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7y ago
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14y ago

Joint legal custody means that both parents have say in a variety of decisions concerning the child, from medical care to schooling. Joint physical custody means that each has certain rights to physically have the child present with them.

As with all legal questions, you should consult with a local attorney for more definitive answers. Many of them will answer a question for free, or even provide a half hours free consultation. Others will charge a minimal fee for their time, which in matters of law is usually worth it.

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15y ago

Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

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11y ago

Those terms mean the same thing: that the child resides with one parent. See related question link.

Those terms mean the same thing: that the child resides with one parent. See related question link.

Those terms mean the same thing: that the child resides with one parent. See related question link.

Those terms mean the same thing: that the child resides with one parent. See related question link.

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11y ago

Sole custody means that one parent has legal custody. Absolute custody isn't a commonly used term but it would mean that someone has permanent legal custody. It could refer to more than one person. For example, someone might say (informally) that grandparents have absolute custody if they have been awarded permanent legal guardianship by a court of law.

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11y ago

Those terms mean the same thing: that the child resides with one parent. See related question link.

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Q: What is the difference between physical and sole custody?
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Related questions

If you have sole custody and your ex has physical custody can you keep her?

You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.


What is meant by the phrase petitioner further prays for temporary and permanent legal custody and physical care of the children?

The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.


What would determine if you can move with your child?

Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.


Can you take your child out of school if you are not the legal guardian but you have joint custody?

Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.


What exactly is physical custody?

Physical custody means that a person (typically the parent) has the right to have the child living with them. This could be sole physical custody, or even joint physical custody in which the parents share custody of their child.


If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?

Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.


How do you get a 15 year old who Dad has physical custody of but actually resides with Mom and step dad who she says hits her to get to live in your home?

file for sole custody and file for child abuse and you will have possibly sole custody of thew child


When the parent have joint custody and the child gets taken by social services who gets the child if one parent is found unfit?

Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.


Can you gain sole custody of a child by receiving child support?

Depends on circumstances. A single mother has a presumption of sole custody at the time of the birth of the child. Where married parents are separated, there is a presumption of joint physical custody whether or not support is ordered.


Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.