If you are working through a child custody arrangement in Massachusetts, understanding the difference between legal and physical custody is a practical starting point. These two types of custody cover different aspects of a child’s life, and the distinction can affect how decisions are made and how parenting time is structured.
What is legal custody?
Legal custody dictates who makes the major calls regarding your child’s welfare. It usually includes decisions related to your child’s education, religious development and medical care. The parent who gets sole legal custody usually holds exclusive decision-making authority. In shared legal custody, both parents have a say in their child’s life decisions.
What is physical custody?
Physical custody answers two important questions: where the child will stay and which parent will take care of the child on a daily basis. In the case of sole physical custody, the child stays under the roof of one parent only. The non-primary parent typically receives “reasonable parenting time,” unless the court determines that contact would endanger the child’s health or be against the child’s best interest. In shared physical custody, your child is allowed to live with both parents, typically allowing the child to spend significant time with each parent, though the specific schedule depends on the terms of the court order.
Legal custody vs. physical custody: A quick comparison
The main difference is that legal custody covers decision-making, while physical custody covers where the child stays and daily care. In some families, parents share both types of custody. In others, one parent may have sole physical custody while both parents share legal custody. For a broader overview of state rules, you can consult a family law attorney.