Legal Definitions - Physical custody

Physical Custody

Physical custody refers to the legal right and responsibility to have a child live with you and provide for their daily care and supervision. It determines where a child primarily resides and who is responsible for their routine needs, such as feeding, schooling, and general well-being.

It is important to distinguish physical custody from legal custody. Legal custody involves the authority to make significant decisions about a child's upbringing, including their education, healthcare, and religious instruction. While parents often share both legal and physical custody, it is possible for one parent to have sole physical custody while both parents share legal custody, or for arrangements to vary significantly based on the child's best interests.

Physical custody arrangements can be established through family court orders or by agreement between parents. These arrangements can include:

• Joint Physical Custody: Where both parents share the responsibility of having the child reside with them for significant periods, often alternating weeks or other agreed-upon schedules.
• Sole Physical Custody: Where one parent has the child reside with them primarily, and is responsible for their day-to-day care, while the other parent typically has scheduled visitation rights.

Here are some examples illustrating physical custody:

• Example 1: Shared Parenting Schedule

  After their divorce, Maria and David agree to a parenting plan where their two children spend Monday through Wednesday nights at Maria's home and Thursday through Sunday nights at David's home. They alternate holidays and summer breaks. In this scenario, Maria and David share joint physical custody, as both parents have the children residing with them for substantial periods and are responsible for their daily care during their respective times.

• Example 2: Primary Residence with Visitation

  A court orders that Sarah will have sole physical custody of her son, Ethan. Ethan lives with Sarah full-time, and she is responsible for his daily routine, school attendance, and general supervision. Ethan's father, Robert, is granted visitation every other weekend and for a few weeks during the summer. This arrangement means Sarah is the primary parent providing Ethan's physical care and housing, while Robert's time with Ethan is considered visitation rather than shared physical custody.

• Example 3: Temporary Placement for Child Safety

  Following an investigation, child welfare authorities determine that a young child, Leo, is in an unsafe living situation. A court issues an emergency order placing Leo in the physical custody of his grandmother. The grandmother is now legally responsible for providing Leo with a safe home, food, clothing, and daily supervision while the parents address the issues that led to the child's removal. This demonstrates how physical custody can be temporarily granted to a non-parent to ensure a child's immediate safety and well-being.