We often get calls from parents inquiring about the custody of the their children in
their on-going divorce or paternity matter, etc. Many times parents want sole custody. However, they often overlook that fact that there are two types of custody to address, Physical Custody and Legal Custody. We will now go over the basic differences between the two:

Physical Custody

1.    Deals with having the actual, physical care and responsibility of the minor child.
2.    In most cases, one parent is designated as the Primary Physical Custodian and the other parent as having Visitation. However, both parents can be designated as having Joint Physical Custody if they work out an agreement this way.

Legal Custody

1.    Deals with making decisions about education, health/medical, religion, etc. for minor children.
2.    In most cases in California, both parents usually hold legal custody jointly, referred to as Joint Legal Custody. However, in circumstances when it is not in the best interest of the minor child to do so (such as when there has been abuse or neglect of the minor child in the past, a parent has never been involved in the lives of the minor child, etc.), a parent may be awarded Sole Legal Custody.

We hope this gives you some basic insight into the differences between Physical and Legal Custody. If you or a loved one needs help with a child custody matter or any other type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced family law attorney from the firm will be able to evaluate your case when you call.