Custody Lingo: What Does it all Mean?
Temporary Custody – Determines who will have custody of the child while the parties wait for a court hearing. A best interests standard will be applied to determine temporary custody.
Legal Custody – The power to make major decisions concerning the child such as medical care, education, and religion. Legal custody has nothing to do with where the child resides.
Joint Legal Custody – where both parties have to agree to major decisions in the child’s life.
Sole Legal Custody – where only one party can decide major decisions in the child’s life.
Physical Custody – Refers to where a child will reside.
Sole Physical Custody – If an individual has sole physical custody the child will live and reside solely with that parent. The other parent may have visitation rights.
Shared Physical Custody – In a shared physical custody situation, the child splits times between both parent’s residences. However, it does NOT mean that time is split evenly or 50/50. On the other hand, the non-custodial parent does have the child at least 90 days in a calendar year.
Primary Physical Custody – In a primary physical custodial relationship, the custodial parent has the child the majority of the time. The non-custodial parent has the child less than 90 days in a calendar year.