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Physical custody is the time that you spend with
your child. It’s the schedule. Physical custody is uh Monday through Wednesday with mom, Wednesday through Friday with
dad, alternating on the weekends. Legal custody is something very different.
Legal custody is the decision-making power. It’s over educational decisions,
medical decision. It is overall welfare decisionmaking, right? What does that mean? It means what school are we going to send our kids to? It means what doctors do we think our kids should see?
What treatments we will actually subscribe our children to. It’s a very important part of uh what the court can
order if we were to litigate. So important to know.
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Los Angeles, CA family law attorney Nina Shayan Depatie talks about the difference between physical and legal custody. She explains that physical custody refers to the parenting schedule and the amount of time each parent spends with the child, such as weekdays with one parent, weekends with the other, or any other court-approved arrangement. She clarifies that legal custody is separate from physical custody and relates to the authority to make important decisions regarding a child’s education, medical care, and overall welfare, including matters such as school selection, healthcare providers, and medical treatment. She emphasizes that legal custody is a significant aspect of family law because it determines who has decision-making authority for the child and is an important issue the court may address if the matter proceeds to litigation.
