Types of Custody

There are two types of custody. Legal custody means the right to make decisions about a child’s welfare—for example, to decide where the child will go to school and what type of medical care is appropriate for the child. Physical custody is the right to have the child live with you.

Custody can be divided in different ways. If both parents spend significant time with the child and share decision-making responsibilities, they have joint legal and physical custody. It’s also possible for one parent to have sole physical custody while the parents share legal custody, or for one parent to have sole legal and physical custody. It all depends on the relationship between the parents, the child’s needs, and the overall circumstances.