Physical Custody vs Legal Custody | Fort Mill SC Family Law

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What is the difference between physical custody and legal custody? This is a common question for those beginning the divorce process. This blog will help you learn the differences between the two. If you need information about the divorce process or starting a divorce, please click here to contact us.

Physical Custody

Physical Custody is typically recognized as where your child is physically located at night. If you share physical custody, this means that you and your ex-spouse share the actual location where your child stays, such as when you both have different properties or households. Physical Custody does play a factor in determining child support. Physical Custody can also be determined by the Court if the parties cannot agree on a custody matter. When this happens, the Court takes the child’s best interest in mind.

Legal Custody

Legal Custody is recognized as who has the right to make major legal decisions on behalf of the child involved. This includes medical issues, where the child may attend school, spiritual issues and more. In most cases, legal custody is awarded to both parents, unless a parent is found to be unfit, suffers from mental issues or drug abuse, or other matters.

If you need help with your divorce or child custody issues, please contact us here at Harden Law. We serve Fort Mill SC and surrounding South Carolina areas. We can help you in your divorce case and provide you legal advice. Please click here to contact us today.