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the difference between physical and
legal custody is that legal custody is
who has decision making authority for
the children
so what school a child will be enrolled
in or what medical care a child should
receive or should a child go to day camp
or even sleep away camp those are major
decisions in the life of a child
who makes those decisions
is legal custody and in new jersey
it is more of a presumption it is
practically a foundational rule
that parents will share joint legal
custody our courts don’t want one parent
to have greater decision-making
authority than another parent
physical custody is what most people
talk about when they say the word
custody which is how much time the
children spend in either home
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Bradley Beach, NJ family law attorney Cipora Winters explains the difference between physical and legal custody. She notes that the distinction between physical and legal custody lies in the type of authority exercised over a child’s life. Legal custody refers to decision-making authority—determining matters such as which school the child will attend, what medical care they will receive, or whether they should go to day camp or sleepaway camp. In New Jersey, the presumption and near foundational rule is that parents will share joint legal custody, as courts generally do not want one parent to have greater decision-making power than the other. Physical custody, on the other hand, is what most people commonly think of when they hear the word “custody,” as it refers to how much time the children spend in each parent’s home.
