Physical Legal Custody Definition8 min read
Physical custody refers to the physical care and control of a child. In other words, physical custody determines which parent the child lives with and which parent the child spends the majority of their time with. Physical custody can be awarded to one parent (sole physical custody) or shared between two parents (joint physical custody).
There are a few things to keep in mind when determining physical custody. First, the court will look at the child’s best interests when making a decision. This means that the court will consider factors like the child’s age, relationship with each parent, and the parents’ ability to provide for the child’s needs.
Second, the court will not award physical custody to a parent if there is a history of abuse or domestic violence. Finally, the court may consider whether one parent is more likely to relocate with the child.
If you are seeking physical custody of your child, it is important to speak with an attorney who can help you make your case to the court.
Who is responsible for the physical custody?
When parents divorce or separate, custody of the children is often one of the most contentious issues. Who will have custody of the children? Who is responsible for their physical custody?
The answer to this question can depend on the state in which you reside. In most states, both parents are typically responsible for the physical custody of their children. This means that both parents are responsible for ensuring that the children are physically cared for and are safe.
There are a few exceptions to this rule. For example, in some states, the father may be awarded primary physical custody, while the mother is awarded visitation rights. In other states, the mother may be awarded primary physical custody, while the father is awarded visitation rights.
If you are unsure of who is responsible for the physical custody of your children, you should speak to an attorney. An attorney can help you understand your state’s custody laws and can help you negotiate a custody agreement with your ex-spouse.
What is the difference between soul and physical custody?
When two parents are divorcing, one of the biggest decisions they will have to make is who will get custody of the children. There are two types of custody: physical custody and legal custody. Physical custody is when the child lives with one parent, and legal custody is when one parent has the right to make decisions for the child.
Many people think that physical custody and legal custody are the same thing, but there is a big difference between the two. Physical custody refers to where the child lives, while legal custody refers to who makes decisions for the child. For example, if a child lives with their mother, but the father has legal custody, the father can make decisions about the child’s health, education, and religion.
It is important to understand the difference between physical and legal custody when making a custody decision. If you are only interested in getting physical custody of your child, you may be disappointed if you are not awarded legal custody as well. Likewise, if you are only interested in getting legal custody of your child, you may be disappointed if you are not awarded physical custody as well.
It is also important to remember that physical custody and legal custody can be awarded to different parents. For example, the mother may have physical custody of the child, but the father may have legal custody. This can be a difficult situation for the child, and it is important to make sure that the parents are able to work together to make decisions for the child.
Ultimately, the decision about who gets custody of the child is up to the judge, and the judge will consider the best interests of the child when making a decision. If you are interested in getting custody of your child, you should speak to an attorney who can help you understand the law in your state and how it applies to your situation.
What does sole legal custody mean in Michigan?
What does sole legal custody mean in Michigan?
Sole legal custody in Michigan means that one parent has the authority to make all decisions about a child’s welfare, including decisions about education, medical care, and religious upbringing. This authority is granted to the parent who is not living with the child. If the parents share joint legal custody, both parents would have a say in decisions affecting the child.
Sole legal custody may be granted to a parent in a variety of situations, including when one parent is unable to make decisions due to illness or incapacity, when one parent is deceased, or when one parent has been convicted of a crime that resulted in the child being removed from the home.
If you are considering seeking sole legal custody of your child, you should speak to an experienced family law attorney to learn more about your options and the possible consequences of this type of custody arrangement.
What is the difference between legal and physical custody in California?
In California, there is a big distinction between legal and physical custody. Legal custody is the right to make decisions about the child’s welfare, while physical custody is where the child lives. Often, parents will share joint legal custody, while one parent has primary physical custody.
If one parent has sole legal custody, that parent makes all the decisions about the child’s welfare. If one parent has sole physical custody, that parent is responsible for the child’s day-to-day care. In most cases, the parents will share joint physical custody, which means the child lives with both parents for an equal amount of time.
If you’re considering divorce and want to know what to expect, it’s important to understand the difference between legal and physical custody. If you have any questions, it’s best to speak to a family law attorney.
At what age can a child refuse to see a parent?
There is no definitive answer to this question as it will depend on the specific situation and relationship of the child and parent in question. However, there are some general guidelines that can be followed.
Ideally, a child should be able to communicate their feelings and thoughts openly with their parents, and should not feel pressured into seeing or interacting with them if they do not want to. A child’s age will not always be the determining factor in whether or not they can refuse to see a parent – it will depend on their maturity, relationship with the parent, and other factors.
In general, a child can be considered to be in a position to refuse to see a parent at around the age of 12 or 13. However, this is not a definitive rule, and younger or older children may also be able to make this decision depending on their individual circumstances. If a child is significantly younger than 12 or 13, they may not have the maturity to make an informed decision about whether or not they want to see a parent.
It is important to remember that a child’s decision to refuse to see a parent should not be taken lightly. If there is a significant conflict or issue between the child and parent, it may be advisable to seek professional help to resolve the situation.
What rights does a primary custodial parent have?
A primary custodial parent is typically the parent who spends the most time with the child and is responsible for the majority of the child’s care. This parent typically has the right to make important decisions about the child’s welfare, such as decisions about education, health care, and religious upbringing. The primary custodial parent also typically has the right to receive child support from the other parent.
What is the most common child custody arrangement?
When parents divorce or separate, one of the most difficult decisions they must make is determining who will have custody of their children. There are a variety of child custody arrangements that can be made, but what is the most common child custody arrangement?
There is no one-size-fits-all answer to this question, as the most common child custody arrangement will vary depending on the individual circumstances of the parents and their children. However, in general, the most common child custody arrangement is for the parents to share custody equally.
This arrangement, sometimes called joint custody, means that both parents have custody of the children and share decision-making authority regarding their upbringing. This can be a good arrangement for children, as it allows them to maintain a relationship with both parents and ensures that they will receive both emotional and financial support from both parents.
However, joint custody is not always possible or desirable, and there are other arrangements that can be made instead. Some parents may choose to have one parent have primary custody, while the other parent has visitation rights. Alternatively, parents may choose to have one parent have sole custody, while the other parent has no custodial rights.
Whatever child custody arrangement is chosen, it is important that it is in the best interests of the children and that both parents are able to work together to co-parent effectively. If you are considering a child custody arrangement, it is important to speak to an attorney who can help you to decide what is best for your family.