Physical Custody

In the context of divorce and marital law, physical custody is defined as the arrangement or right of one parent to live with the child. Depending on the specific case, some states will facilitate a schedule of joint physical custody to allow both parents to have their children live with them. However, this is not possible typically unless both parents live relatively close in proximity to one another, as well as agree to the terms of the custody arrangement and abide by the terms. In other arrangements, one parent may have sole physical custody, but the non-custodial parent will have generous visitation rights mimicking that of joint physical custody.

Fast Facts

  • Physical custody of children by parents deemed unfit or unhealthy for a child to be around can and will be denied custody of their child, as well as potentially have their visitation rights revoked.
  • Physical custody arrangements in the family courts system attempt to always schedule custody in the best interest of the child.

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