There are two kinds of custody: legal custody and physical custody. Split custody describes when siblings are separated, with one parent having one or more children and the other parent having custody of the other children. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody.… Read the rest

Primary custody refers to the parent with whom a child lives after both parents separate or divorce. It is also referred to as physical custody. Primary custody is awarded based upon a number of factors and doesn’t necessarily denote the fitness of the parent. The primary residential parent generally has final decision-making authority in day-to-day care and control of each child. Primary custody is governed by state statutes, which vary by state.

The following is an example of one state’s definition of primary custody:

“A parent has primary physical custody (or primary custody) of children for purposes of this rule if the children reside with the other parent for a period specified in the custody order of less than 30 percent of the year.”

There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Sole custody is both legal and physical custody by one parent. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child’s welfare.… Read the rest

When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody,  designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child’s welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child’s well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution.… Read the rest

Partial custody indicates one parent has lesser time with the child than the custodial parent. In Pennsylvania, 23 Pa.C.S. § 5302 defines partial custody as “The right to take possession of a child away from the custodial parent for a certain period of time” Generally while making an order for partial custody, the court shall consider the following:

• The preference of the child as well as any other factors which legitimately impacts the child’s physical, intellectual and emotional well-being.
• Which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child.

Joint physical custody is a form of custody of minor children in which the parents share the actual physical custody of the child. The time that the child spends with each individual parent is structured between the parties. Joint physical custody does not essentially require that there should be an equal sharing of time.

Joint legal custody is a term referred in divorce cases in the context of custody of a minor. In joint legal custody of minor children the parents share the responsibilities and major decision-making related to the child. The custody of minor children in which the parents share the actual physical custody of the child is called joint physical custody.

In Family law physical custody is the right of a parent to have his/her child live with him/her. That person has the responsibility to provide a primary home for the child, including basic necessities like shelter, food, clothing, and proper care and supervision.Some states recognize the concept of joint physical custody where the child spends approximately half the time in each parent’s home. Physical custody is also called residential custody.

Possession of a child during visitation is also referred to as physical custody.

Physical Custody also means the custody of a person (such as an arrestee) whose freedom is directly controlled and limited.… Read the rest

There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child’s welfare.… Read the rest

Legal custody of a child is the right and obligation to make decisions about a child’s upbringing and welfare. For example, decisions regarding schooling, medical care etc are made by a parent with legal custody. In many states, courts now award joint legal custody to the parents, which mean that the decision making is shared. Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions.… Read the rest