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The Difference Between Physical and Legal Custody and Sole Legal Custody
Physical custody refers to the parent, parents or grandparent(s) who have the physical responsibility for the care of the child. Joint physical custody means that each of the parents shall have significant periods of physical custody, although parents can share joint custody even if the timeshares are disproportionate, such as an alternate weekend schedule for one parent and the other parent having the rest of the time. Sole legal custody means that one of the parents has the child(ren) the majority of the time as well as all of the responsibilities of raising that child.
Attorneys will often avoid the use of either sole or joint custody and use the term "primary physical custody" to designate the parent who has day-to day care of the child. Because California law does not have any designation known as primary physical custody this sometimes causes problems in a move-away case.
Legal Custody refers to the parent(s) who will have the decision-making authority relating to all aspects of the child(ren)’s life…Their education, the health and welfare, religion and any other critical aspects in the raining of the child(ren). Joint legal custody means that both parents have the authority to make decisions regarding the child’s education, health and welfare, religion, when the child(ren) get a driver’s license, etc.
Sole Legal Custody means that one parent may make all of these decisions.
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