What is the difference between Physical and Legal Custody?

In Georgia, physical custody refers to how time with a minor child is allocated between the parents. Generally, courts favor parenting schedules that enable the minor child to develop a relationship with both parents, as long as both parents are fit.

In contrast, legal custody refers to which parent will have the decision-making authority regarding the minor child.

What are the types of Physical Custody?

Sole physical custody refers to a court order awarding only one parent with custody of the minor child.

Joint physical custody provides each parent with substantially equal parenting time.

Primary physical custody means that the minor child resides with one parent the primary amount of time, or more than the other parent. Primary physical custody is common in Georgia courts, and is usually seen when one party exercises some type of weekly or bi-weekly visitation.

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