What is the difference between legal custody and physical custody?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

Legal custody and physical custody serve distinct roles in the context of child custody arrangements. Legal custody refers to the right and responsibility to make significant decisions concerning a child's upbringing. This includes decisions about education, healthcare, and religious training. When one parent or both share legal custody, they jointly participate in making these important decisions regarding the child's welfare.

In contrast, physical custody pertains to where and with whom the child actually lives. It involves the day-to-day care of the child, including their living arrangements, daily routine, and overall supervision. A parent with physical custody has the child residing with them, signifying the practical aspect of child care.

Thus, the correct response highlights that legal custody involves decision-making rights, whereas physical custody deals with living arrangements, clarifying the distinct roles each type of custody plays in child custody cases. This distinction is essential in family law, as it affects the dynamics of parental rights and responsibilities following a separation or divorce.

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