Understanding the difference between legal and physical custody

On Behalf of | Dec 5, 2024 | Custody & Visitation |

Many parents find child custody matters overwhelming. Understanding the difference between legal and physical custody is crucial when making decisions that affect a child’s life.

Legal custody involves making decisions

Legal custody refers to a parent’s right to make significant decisions about their child’s upbringing. This includes decisions regarding education, healthcare and religious training. Mississippi courts often prefer to grant joint legal custody, allowing parents to share these essential decision-making responsibilities.

However, when joint legal custody may not be in the child’s best interest, the court may award sole legal custody to one parent. This decision considers various factors, including each parent’s ability to communicate and cooperate in making decisions for the child’s welfare.

Physical custody states where the child resides

Physical custody determines with whom the child will live. It entails the daily care and supervision of the child. Mississippi courts can give solo or joint physical custody. Sole physical custody occurs when a child lives mostly with one parent while the other may have visitation privileges.

Joint physical custody allows the child to spend substantial time with both parents, fostering a strong relationship with each. The court’s primary consideration remains the child’s best interest, evaluating factors such as the child’s age, each parent’s living situation and the child’s relationship with each parent.

How a professional can help

Having a lawyer in your corner can make all the difference when dealing with custody issues. They can guide you through the complexities of the law, help you understand your rights and advocate for a custody arrangement that genuinely benefits your child. With the proper legal guidance, you can make informed decisions and effectively communicate your preferences to the court.