What Is the Difference Between Physical and Legal Custody?

Child custody is one of the mostly hotly contested issues in divorce. Even if you and your spouse have mutually agreed to separate and you are both able to cooperate on every other issue, you may disagree about who gets custody of your son or daughter. The court recognizes the importance of both parents in a child’s life. That being said, the court’s primary concern when awarding custody is the welfare of the child. After weighing all the evidence and options, the court ultimately decides in favor of doing what is in the best interest of your son or daughter — not what may be in your best interest or your spouse’s.

In many cases, Tennessee awards joint or shared custody. This means that you and your child’s other parent provide a physical home for the child and jointly make important decisions regarding the child’s upbringing. Like many states, Tennessee recognizes these forms of custody:

• Legal custody — If you are awarded legal custody of your son or daughter, you have the right to make decisions regarding how your child is raised and about education, religion and healthcare.
• Physical custody — Physical custody refers to your right to provide a physical home for your child and fulfill your child’s basic day-to-day needs.

If one parent is deemed unfit or dangerous, sole custody may be awarded to the other parent. If you are awarded sole custody of your son or daughter, you provide the child with a physical home and are also responsible for making important decisions about the child’s life. For more information on child custody laws in Tennessee, consult with an experienced family law attorney today.