Daughter hugging her mother.

The Difference Between Physical Custody and Legal Custody

Did you know there are two different types of custody? On one hand, there’s legal custody, and on the other, there’s physical custody. This may seem confusing at first, but the team here at Pearson Butler is here to help you clearly understand the difference between the two.

Legal Custody

When you have legal custody of your child, it means you have the right to make decisions about your children’s medical care, schooling, insurance, and other religious beliefs. Parents with legal custody are responsible for the upbringing of their children, and if conflicts arise, custody orders can change. Parents can have joint legal custody, meaning the parents make decisions about the child together. However, in some cases where one parent was abusive or lives in another state, sole custody will often be granted to the other parent.

Physical Custody

Physical custody in Utah refers to where the child sleeps.. In some cases, one parent is the primary physical custodian, meaning the child will remain with them for the majority of the time. The other parent will receive visitation rights based on the schedule set up by the courts.

Similar to legal custody, parents can also be awarded joint custody of the child. Most judges prefer joint custody as it allows the parents to spend more time with their children. However, this is only realistic for parents who live close together, which allows the child to complete their usual day-to-day activities without interference.

Get in Touch With our Utah Child Custody Lawyers

Custody cases can be complex and difficult for all parties involved. If you or a loved one need a custody attorney, contact the Pearson Butler team today. With over 30 qualified legal professionals, we have the experience needed to provide you with the best outcome for you and your family. To schedule a consultation, give us a call at (800) 265-2314 or fill out a consultation form here.