Simple English definitions for legal terms
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Physical custody means where a child lives and who takes care of them. It's different from legal custody, which is about making important decisions for the child. Parents can decide on physical custody or a court can decide for them. Sometimes, a child may need to be taken into physical custody if they are in danger. This is also called protective custody.
Definition: Physical custody refers to a parent's right to have their child live with them and be under their care and supervision. It is different from legal custody, which involves making important decisions for the child's development, education, and legal matters. Physical custody can be established through family courts or voluntarily agreed upon by the parents. It can be joint custody, where both parents share physical custody, or sole custody, where one parent has complete physical custody of the child. In some cases, a court may order physical custody to protect a child from imminent danger.
Example: John and Jane have two children and are getting a divorce. They agree to share physical custody of their children, with the children living with John for one week and Jane for the next week. This is an example of joint physical custody.
Example: Sarah is a single mother who has sole physical custody of her child. The child lives with her full-time, and the father has visitation rights. This is an example of sole physical custody.
Example: A child is living in an abusive environment and is at risk of serious physical harm. The court orders the child to be taken into physical custody to protect them from harm. This is an example of physical custody being used to protect a child from imminent danger.