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Difference Between a Plea Bargain and Going to Trial

Legal custody refers to a parent’s authority to make important decisions affecting a child’s life, while physical custody relates to where the child lives and how parenting time is shared. Although the terms are often used together, they address different parts of a parent’s role in a child’s life.

At Crouthamel Law, we helps parents in Bethlehem and throughout Pennsylvania address child custody disputes and arrangements. Below, we’ll explain the difference between legal and physical custody and how they can work together in a custody order.

In Pennsylvania, legal custody concerns the choices that affect a child’s life and future. These generally fall into three primary areas: education, healthcare, and religion.

For example, legal custody can involve deciding which school a child will attend. Parents with legal custody have the right to participate in these matters and receive information relevant to their child’s welfare. As a result, one parent generally cannot change a child’s school without consulting the other parent. In other cases, one parent may be awarded sole legal custody and have the authority to make these choices independently.

What Is Physical Custody?

Physical custody concerns where a child lives and which parent is responsible for the child’s care at a given time. Pennsylvania recognizes several forms of physical custody, including:

  • Shared physical custody, where the child spends substantial time with both parents.

  • Primary physical custody, where the child lives with one parent most of the time.

  • Partial physical custody, where a parent has custody during specific periods but for less time than the parent with primary physical custody.

  • Sole physical custody, where one parent has exclusive physical custody.

  • Supervised physical custody, where parenting time is monitored by an approved third party.

Legal custody and physical custody aren’t the same thing, and parents may share one type of custody without sharing the other. These can be more flexible than many parents expect.

Some common arrangements include:

  • Shared legal custody and primary physical custody. Both parents participate in important decisions affecting the child, but the child lives with one parent most of the time.

  • Shared legal custody and shared physical custody. Both parents participate in important decisions, and the child spends substantial time with each parent. Depending on the family’s schedule, the child may divide time between both households throughout the week or alternate weeks with each parent.

  • Sole legal custody and shared physical custody. One parent has the authority to make decisions affecting the child, while the child continues to spend significant time with both parents. Although less common, this arrangement can be used when parents are unable to work together on important matters, even though both remain actively involved in the child’s life.

Custody Is About More Than Where a Child Lives 

Many parents focus on parenting time because it is the most visible part of a custody order. However, custody also involves decisions that affect a child’s future.

At Crouthamel Law, we know that every custody case involves a unique family situation. We help parents understand how different custody arrangements may affect their rights. Call us today at 610-428-3386 or send us a message through our contact page.