Physical Custody

When divorce involves children, the parents must make major decisions regarding child custody. The two chief branches of child custody are legal custody and physical custody. When a parent has physical custody over a child, he or she generally lives with the child and is the primary caregiver. That parent oversees all the daily needs for the child, including food, transportation, and any other daily need. That parent is said to be the custodial parent, since he or she has so much authority and influence over the child's life. This is sometimes referred to as sole physical custody.

Joint Physical Custody

If the child lives with both parents and spends equal or basically equal time with both parents, the parents are said to have joint physical custody. In this situation, one of the parents may still spend more time with the child than the other parent. This parent may be considered the primary physical custodian. It is important to note that just because one parent may be the primary physical custodian, it does not mean that he or she is a better influence on the child than the other parent. If the parents are granted joint physical custody, they are lawfully supposed to invest comparable amounts of time with their child. The child should feel that both parents have equal interest or input in his or her life.

Sole Physical Custody

Under sole physical custody, one parent is granted total physical custody and the other parent is allowed to see the child only by visitation laws. The child may go to see the non-custodial parent but may not live with him or her. Generally, the child may stay overnight with the non-custodial parent. The main stipulation is that the child is not allowed to live with the parent.

Click here to find a local child custody attorney to help fight for physical custody.