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The Difference Between Physical Custody and Legal Child Custody

On Behalf of | Jan 13, 2020 | Child Custody and Visitation

What is the difference between physical custody and legal child custody and how are these different than parenting time in a Carlsbad divorce?  Most people understand parenting time is the schedule of visitation for each child after a divorce. Our courts believe it is in the best interest of a child to spend quality time with each parent and parenting time is actually a component of physical custody.

Child custody is often confused for parenting time.  Custody is actually the legal orders regarding who will have the right to make important decisions in the life of the child (legal custody) and who a child may reside with (physical custody).  While legally speaking there is a substantial difference between legal custody and physical custody n many cases the parents will share both forms of child custody.

In other cases these issues are hotly contested. There may be issues which affect the welfare of the children such as alcohol or drug addiction, domestic violence or criminal activity.  In other cases there may be a question of mental disorders, parental responsibility or simply a dispute between the parents as to whom the child should ultimately reside with.

The experienced Certified Family Law Specialists at Burke & Domercq, APC have represented Carlsbad parents in divorce for decades.  This extensive experience informs the advice and guidance we provide to clients in these matters.  We work to accomplish our client’s goals and objectives in a professional and productive manner.

Child custody and parenting time can be a wonderful collaboration between loving parents, an all out legal battle or anywhere in between. Our proven trial attorneys protect your interests before the judge or magistrate whenever a matter of principle demands.

Mediation is an excellent alternative to litigation which can facilitate a resolution while reducing the emotional impact as well as the time and cost associated with child custody and parenting time disputes.

Are you concerned about the difference between physical and legal child custody in a Carlsbad divorce case? We invite you to review the recommendations of our clients and the legal industry and contact Burke & Domercq, APC or call 760-389-3927 to schedule an appointment with one of our attorneys.