What’s the difference between legal and physical custody? – Patterson Bray PLLC

Transcript:

00:00:00 – 00:00:10

For children that are born out of wedlock and do not go through the divorce process, they don’t necessarily have a parenting plan in Tennessee.

00:00:10 – 00:00:36

they will have a custody order from a court in tennessee that is jurisdiction over the minor children and over the parties and a court will decide essentially the same thing as children in a divorce we just call it a little bit different in a divorce context you have a parenting plan that lays out what’s the day-to-day schedule and who’s making decisions about the minor children’s care that’s essentially the same thing for legal and physical custody

00:00:36 – 00:00:54

Physical custody is who is going to have the children on what dates and the other parent will have visitation on the remaining dates. That’s physical custody. Sometimes you’ll have joint physical custody where the parties split their time with the minor children on a 50-50 basis.

00:00:54 – 00:01:16

The legal custody is essentially the same thing as decision making in a parenting plan. It is who is in charge of making the major decisions about the children’s care while they are minors. That is the religious upbringing, the education, the non-emergency health care, and the extracurricular activities of the child.

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