Legal Question in Family Law in Massachusetts
Legal custody versus Physical Custody
My wife and I divorced 2 years ago. My daughter is 6 now. I gainted custody during the divorce. I spke to someone at the courthouse the other day and was told I have full physical custody but my x and I have split legal custody. What does that mean exactly?
2 Answers from Attorneys
Re: Legal custody versus Physical Custody
Physical custody determines where (with whom) the child lives. If you have sole physical custody, then the child lives with you only, and the other parent is granted the right of visitation.
Legal custody determines who is entitled to participate in the upbringing of the child and to make important parenting decisions, i.e. educational decisions, medical decisions, perhaps religious upbringing, etc. Because you have shared legal custody, you must consult the other parent before making important life decisions affecting the child.
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Re: Legal custody versus Physical Custody
Physical custody means where and with whom the child lives. Joint custody means both you and your spouse are entitled to participate in the up-bringing of the child, such as dealing with the school et cetera.