what is difference between legal and phy custody
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Understanding the Difference Between Physical and Legal Custody There are several different types of child custody: 1  Legal Custody: Parents who have legal custody are able to make legal decisions on matters impacting the child. 2  Physical Custody: Children live with parents who have physical custody. 3  Sole Custody: One parent has both physical and legal custody of the child.
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Physical Custody 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 when the child spends significant amounts of time with both parents.
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Child custody laws in the United States Child custody and legal guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the child to make decisions, and the parent's duty to care for the child.n some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with significant periods of physical custody so as to assure the child of frequent and continuing contact with both parents.
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Physical Custody Physical and legal custody are two important aspects of raising children when parents are divorced. It is important that both parents involved understand what these terms are and how they as parents are bound by their custody agreement to their children.
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What Does Permanent Custody Mean? Individuals sometimes confuse sole custody with permanent custody. Although sole custody is a form of permanent custody, a parent with permanent custody does not always possess the same freedoms that a parent with sole custody enjoys. A parent with sole custody has full physical and legal rights to the child.
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- Sole Custody - Custody is made up of: legal custody and physical custody. A person with legal custody has the right to make long range plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare.
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Basics of Custody & Visitation Orders Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with 1 parent most of the time.
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Child Custody There is a difference between physical custody which designates where the child will actually live and legal custody which gives the custodial parent(s) the right to make decisions for the child's welfare. If the parents agree, the court can award joint custody, physical and/or legal.
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- In contrast, a legal guardian is not the parent of the child, and is usually a close relative of the child or parent. In general, legal guardianship involves a greater range of responsibilities for the guardian. This is because child custody can either be physical or legal. It is common for a non-custodial parent may have physical custody of the child, such as custody on weekends or over school vacations, but not legal custody.
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Divorce Dictionary Legal custody means the legal right and responsibility to raise a minor child and to make decisions on her or his behalf. Joint, split, and shared legal custody require both parents’ approval for all major decisions.
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Physical Custody in Minnesota - FAQs What’s the difference between physical custody and legal custody in Minnesota? Physical custody is the routine daily care and control of a child. Examples of care and control include bathing, disciplining, or preparing meals for a child. Legal custody, on the other hand, is the ability to make major decisions for a child.
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What Does Full Custody Mean? Major decisions relate to things like education, religion or medical care. They don't include day-to-day issues, such as whether your dieting teenager can skip dinner – that falls to the parent she's residing with on that particular day. In some states, the term full custody refers only to legal custody. It does not take into consideration which parent your children live with most of the time. Physical custody refers to which parent has the children staying at her home most nights of the year.
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- Duhaime's Law Dictionary. Legal Custody Definition: Related Terms: Custody, Guardianship. A child custody status which entails the right to make, or participate in, the significant decisions affecting a child’s health and welfare (compare with physical custody and joint custody).
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Legal Custody Legal custody gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child's welfare -- including the child's education, medical care, dental care, and religious instruction.
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Common Child Custody Issues Explained The child lives with the parent who has this classification. The parent with legal custody has the right to make important legal decisions regarding the child’s welfare and upbringing. Both parents can have legal or physical custody of the child depending on the terms in the child custody ruling. Child custody issues are complex and each state adheres to its own child custody laws. In many cases, the issue is revisited in subsequent years.
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What is the Difference between Legal Custody and Physical Custody? Tag: child custody. If you are involved in a custody battle, you will start to hear a lot of legal jargon as the case proceeds. Two terms you will hear and that you absolutely need to understand are legal custody and physical custody.
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Legal Custody Definition When determining which parent should be granted legal custody, the courts may consider many different aspects, including: 1  The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another person. 2  The relational history between the child and the parent.
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Understanding the Difference Between Physical and Legal Custody Understanding the Difference Between Physical and Legal Custody. The phrase “Child Custody” is used to describe parental rights and obligations regarding the care of their children. Child custody issues often arise in situations in which unmarried individuals have children or parents who are married get divorced.
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- Guardianship vs Custody. Guardianship and Custody are terms usually used in legal actions about the rights, duties, obligations, and responsibilities of an adult with regard to the personal interest and care of a minor or a child.
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- Custody is a word without much precise meaning in Washington. You can get a parenting plan specifying how much access and rights each of you have to the children and what conditions there are to the exercise of those rights with a legal separation which is not divorce.Answer Applies to: Washington.ustody is a word without much precise meaning in Washington. You can get a parenting plan specifying how much access and rights each of you have to the children and what conditions there are to the exercise of those rights with a legal separation which is not divorce. Answer Applies to: Washington.
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Physical Custody 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 the child's schooling, religious upbringing and medical care, for example.
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Custodial and Non-Custodial Parenting: What Does It All Mean? Physical custody is the physical care and control of the child. If you have joint legal and physical custody, both parents have the right to make all the vital decisions for your child and must work together to determine what is best for your child. Physical custody, even if jointly held, isn’t necessarily a true 50/50 split when it comes to time spent with each parent.
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- The most common form of joint legal custody designates one parent as having primary residential (i.e., physical) custody. In a similar way, physical custody may be awarded to one or both parents. Here, sole physical custody gives one parent physical possession of the child and the other has specific visitation rights.
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Legal Custody Law and Legal Definition Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions.
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What is a custodial parent? Although courts often give two parents who are both fit parents joint custody of the child, the court may refer to the parent with the larger timeshare with the child as a custodial parent at times in court documents and during hearings. There are two types of custody, legal and physical custody.Legal custody gives one parent the right to make vital decisions regarding the child's education, morality, religious training, discipline, and medical care. Physical custody refers to the actual physical care and control of the child.hile the custodial parent may control the daily care of the child and has physical custody and general control of the child on a daily basis, the non-custodial parent with joint legal custody has a right to participate in making major decisions about raising their child.
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Legal Custody Definition: In most situations, although distinguished in law, legal custody includes physical custody: Legal custody is a legal status that is created by court order. It vests in the custodian the right to have physical custody of a child or minor and to determine where and with whom that child shall live within or without the state.