Child Custody - What is the Difference between Physical Custody and Legal Custody?

There are two types of custody, physical custody and legal custody.

Physical custody (also known as residential custody) relates to where the child lives. The parent with whom the child actually lives has physical custody of the child. Usually there is one parent who has sole physical custody of the child, and the other parent has parenting time or visitation with the child.

Legal custody relates to the decision-making rights over the health, education, religious upbringing and general welfare of the child. The parent who is permitted to make these decisions has legal custody of the child. Provided that the parents are able to communicate on matters associated with the child, legal custody may be shared, so that the parents would be said to have joint legal custody of the child.

Joint physical custody is also possible and is becoming increasingly common. This is where the child goes back and forth between the two households, on a weekly, biweekly or even monthly basis. It can be difficult on the child, and can impact stability for the child, but it does facilitate equal parenting time for both parents.

Generally speaking, the courts will not impose either type of joint custody on the parties. Rather, they need to agree to it. Joint custody requires a high level of coordination and cooperation that the parents must consent to, if it is to work.