mom holding child looking at dad with annoyed expression

Physical vs. Legal Custody: Explaining the Difference

During a child custody battle, the court will analyze different factors to determine the custody rights of each parent. In every case, the court will make its decision based on the child’s best interests.

The courts consider factors including household stability, relationships with the parents, and income. Two types of custody that a parent can be awarded is physical and legal custody.

What Is Physical Custody?

Physical custody concerns the child’s residence and which parent the child will primarily live with. A family court judge will determine the division of the child’s care. If both parents live close, it is possible that they both would share a form of custody.

If one of the parents lives over 100 miles away from the one who gets primary physical custody, the other parent might get visitation rights. It is best to speak with an experienced Orange County attorney to understand the possible outcome of your case.

What Is Legal Custody?

When a parent is awarded legal custody, it means that they have the right to make decisions about the child’s upbringing. For example, a parent with legal custody can make decisions about the child’s religious upbringing, schooling, medical care, etc. In many cases, both parents share legal custody, so these decisions have to be made together.

If parents with joint legal custody think that it’s impossible to share joint custody, they can go back to court and ask for sole legal custody. The judge would analyze the situation and make their decision based on the child’s best interest.

Call Our Orange County Child Custody Attorneys Today!

If you’re fighting custody battles, you need an experienced attorney on your side who will help you achieve your desired outcome. The Orange County child custody lawyers at Moshtael Family Law Orange County have over 135 years of combined experience helping families with their legal cases. Our team is devoted exclusively to family law, and our skilled attorneys are always ready to help you get the results you need.

Call our Orange County child custody lawyers today at (714) 909-2561 to schedule an appointment!

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