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Physical custody is exactly what it sounds like. A parent who is awarded physical custody is with the child under the same roof. Physical custody can be awarded to one or both parents, and while joint physical custody often involves a 50-50 split of time spent with each parent, it’s not always the case.

Legal custody is more about the decision-making process made in regards to issues involving the child. If you have sole or joint legal custody, you are responsible, or have a say in, normal parenting decisions, like when they should see a doctor, what school is best for them, what religion (if any) will they be brought up under, etc.

Judges often prefer to award joint custody since in most instances it is in the best interest of the child. This ensures that the child has regular contact with both parents and that decisions are made on their behalf as close as possible to how it was during the marriage.

If you are preparing for a divorce and you are okay with your soon-to-be ex-spouse having sole physical custody, it’s important to note that you maybe getting more (or rather, less) than you bargain for. If the other parent is given sole custody, it may leave you vulnerable should they later consider moving to a different city or state.

In cases of joint legal custody, things can get a little messy if one spouse wants to move out of state, and the other objects. Even if you have visitation rights and your ex wants to relocate, they need to give you advance notice, at which time you have 30 days to file an objection.

If parents who have joint custody just can’t come to an agreement on important decisions, and it’s escalated to a judge who may give one parent sole custody. Therefore, it’s always best for parents to do everything they can to resolve these issues on their own… or risk losing their custody rights to their children.