Law Office of Daniel Jensen, P.C.

Serving San Jose & Santa Clara County

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What’s the difference between legal custody and physical custody?

Legal custody refers to a parent’s right to make decisions regarding a child’s upbringing, like religion, education, medical decisions, and more. Typically, both parents have legal custody, though this is certainly not always the case, especially in cases of domestic violence or abuse. Physical custody, on the other hand, simply refers to the parent with whom a child resides. It is possible for the custody agreement to differ regarding legal and physical custody.

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