Legal Custody vs. Physical Custody
The issue of child custody can come up in a variety of legal situations. When there are minor children in a divorce case, the court must determine issues of legal and physical custody of the parties' children. Likewise, when parties are not married, one party may choose to file a petition to determine custody and parenting time. When one parent receives certain types of public assistance, the Department of Human Services may choose to file a petition for child support which will automatically trigger a determination of child custody if it has not already been established. In all of these situations, the court will determine both legal custody and physical custody which each have very different meanings and implications. Legal custody is essentially a determination of who will make major life decisions for the parties' children. As with all custody decisions, the court must decide what is in the best interests of the children. A court may, and oftentimes does, assign