Not exact matches
Primarily, the two concepts are different because sole
custody includes
legal and physical custody, while joint
custody does not.
You've probably heard the various types of
custody tossed around, but
do you really know the difference between
legal custody and physical custody?
How
do courts decide who gets
physical and legal custody of the children?
Although move out of state by parent with joint
legal custody and primary
physical custody is not per se substantial change of circumstances such as to make that parent's continuing
custody unreasonable, this
does not mean that circumstances inherent in such move are always insufficient as a matter of law to warrant modifying child
custody.
Even when a parent has sole
physical and sole
legal custody, this
does not give her the right to override the visitation schedule in the
custody order.
Joint
legal custody does not mean that the parents have joint
physical custody; it only means that both parents share the right to make decisions affecting the child's education, health,
and welfare.
The court may also award sole
legal or
physical custody to one parent
and award visitation to the parent who
does not have
physical custody.
Legal custody does not generally describe the child's living arrangements; rather,
physical custody establishes where the child will live
and who can spend time with her.
If you are in a situation where you have sole
physical and / or
legal custody,
and you
do NOT want your co-parent to have care,
custody and control of your child (ren) should something happen to you, then you need to see a qualified estate planner to determine your options.
And joint legal custody, or shared custody, with one parent remaining as the primary physical custodian does little to alter the amount of time a child spends with the noncustodial parent, and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marria
And joint
legal custody, or shared
custody, with one parent remaining as the primary
physical custodian
does little to alter the amount of time a child spends with the noncustodial parent,
and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marria
and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriage.
Even so, every New York
custody order addresses the concepts of joint, sole,
legal and physical custody, even if the order
does not discuss the
custody in exactly those terms.
Legal custody is the right to make important long - term decisions that affect the child such as his education
and religion, while
physical custody has to
do with the child's residence.
If one parent has sole
custody with both
legal and physical custody, the other parent
does not have
custody rights.
Both
legal and physical custody will be determined,
and doing so will dictate the responsibilities of each parents to their child.
And from prior research by the same sociologist, in which she formed an opinion the later works did not overrule: Nearly 75 % of the cases reviewed placed sole physical and legal custody with the moth
And from prior research by the same sociologist, in which she formed an opinion the later works
did not overrule: Nearly 75 % of the cases reviewed placed sole
physical and legal custody with the moth
and legal custody with the mother.
Courts often
do not like to award sole
physical and legal custody to a parent unless the other parent is unfit.