Legal Question in Family Law in Indiana
joint custody legal vs physical differences
I would like to know the differences between legal joint custody and physical joint custody.
Also could you please tell me how qualifications are determined (and what those qualifications are) for the father in joint custody?
Sincerely,
Scott
1 Answer from Attorneys
Re: joint custody legal vs physical differences
Legal custody pertains to decision-making power only as to the major decisions in the children's lives.
Those issues would be the big ones, such as religion, education, health issues.
Unless one parent is an ogre or unless the parties are simply too bull-headed to agree on anything, just for the sake of arguing about anything they can, the courts generally order joint legal custody of kids.
Physical custody deals with who the kids live with.
Generally the courts order ONE parent to have primary physical custody. Joint physical custody usually is unworkable, unless it's something the parties agree to and it's something the court signs off on.
But if it's a contested custody situation, joint physical custody is almost never ordered by a court.
Best of luck to you!