Andrew Bestafka, Monmouth County Divorce Lawyer

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What’s the difference between legal and physical custody?

Many people mistakenly conflate legal and physical custody with regard to child support considerations. Physical custody refers to the parent with whom the child or children live predominantly. Legal custody refers to the parent or parents that have a say in how the child is brought up. Issues confronted by legal custody could include education, medical needs, spiritual development etc. So, while one parent is awarded physical custody of the children, many divorced couples share legal custody.