Physical Vs. Legal Custody

Certified Specialist - Family Law

Physical vs. Legal Custody in California

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When determining a custody order, there are two types of custody that will need to be considered: physical and legal custody. Within these types of custody, the responsibilities and duties can either be shared between the parents or they can be granted solely to one parent. If you are going through a divorce or in the midst of a custody battle, it is beneficial to have a qualified family law attorney in Newport Beach by your side. Seek representation from The Law Offices of Marc E. Mitzner.

Physical Custody

This type of custody involves the location where the child will reside once the parents' divorce or separate. The parent granted physical custody of a child has the right to have the child with them physically living in their home. The term for this parent is the custodial parent, while the other would be the non-custodial parent. More often than not, parents receive some sort of joint physical custody arrangement. Parents can equally divide the physical time spent with the child.

Legal Custody

This type of custody grants the parent the right to make the major decisions in the child's life. For example, the parent granted legal custody can decide where the child will go to school, the religious interactions with the child and the medical care of the child. These decisions can be granted to one parent through sole legal custody, or granted to both through joint legal custody. Joint legal custody is more common unless one parent is deemed unfit or it is in the best interest of the child to have one parent with sole custody.

If you have questions regarding custody in California, do not hesitate to contact Attorney Mitzner for help. The firm offers a free initial consultation so you have nothing to lose by calling and discussing your specific situation.

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