Child Custody 101: Legal Custody vs. Physical Custody
Courtney Green • October 8, 2020
Whether you are considering divorce or in the middle of a contentious custody case, it is important to understand the different types of child custody so that you can create a parenting plan that works best for you and your family.
Legal Custody vs. Physical Custody – What’s the Difference?
Legal custody refers to the rights and the obligation to make decisions about a child. The types of decisions can include choices such as: education, religious upbringing, non-emergency medical decisions or procedures, extracurricular activities, childcare provider, choice of pediatrician or counselor, purchase or operation of a motor vehicle, contraception and sex education, and even decisions relating to actual or potential litigation on behalf of the children.
Legal custody decisions are major decisions affecting the health, welfare, and education of the child. Day-to-day decision making, such as what to eat for lunch, which emergency room to bring the child to if they break their foot, or what type of toothpaste to use is up to the parent exercising parenting time at that time.
Physical custody
refers to which parent the child is physically with at any given time, specifically, where the child is residing that night and which parent is caring for them. This type of custody is what most people think of when they hear “parenting time,” “parenting schedule,” or “custody arrangement.” It is the custody schedule that you are negotiating. It is important to take into account school, work, and travel schedules when deciding on physical custody.
Sole Custody vs. Joint Custody – What’s the Difference?
Now that you know the difference between legal custody and physical custody, we can talk about the four types of physical custody and legal custody arrangements you can request, and what that means for you and your child. Within legal custody and physical custody, parents either have sole legal or joint legal, and sole physical or joint physical custody.
Joint legal custody is the most common type of legal custody. It refers to both parents making decisions together for the best interest of the child. Of course, as in any family, there are some decisions where parents may not see eye to eye. Opening the lines of communication can be difficult for a family going through a period of transition; however, it is important, now more than ever, for parents to listen, empathize, and compromise with one another when it comes to making decisions that will affect their children for years to come.
Sole legal custody refers to one parent having the sole authority to make decisions regarding health, education, and welfare on behalf of the child. This is not typical of most custody situations; however, it is not altogether rare. There are some situations when parents may agree, or a judge may order, that one parent should have sole legal custody of the child. Such circumstances that may warrant sole legal custody include, but are not limited to: one parent living a great distance away, there is a significant history of abuse or neglect, or one parent significant and untreated substance abuse or mental health issues.
Joint physical custody,
as with joint legal custody, is the most common form of physical custody. In this scenario, the parents share equal parenting time of the child, or close to equal. A joint physical custody schedule can look very different for different people. There is no cookie-cutter way to share parenting time that can be applied to every family. In negotiating a parenting plan, be sure to keep in mind work and school schedules. Some schedules may look great on paper but remember these schedules have to work for you and your family in your every day lives.
Sole physical custody refers to one parent being given all or almost all of the physical time with the child. It is uncommon for one parent to be given sole physical custody, but it is an option when one parent has significant impairments that affect their ability and willingness to actively perform their functions as a parent. Such impairments may include, but are not limited to: untreated substance or alcohol abuse, untreated mental illness, or abusive or neglectful behaviors.
Physical Custody vs. Visitation Rights – What’s the Difference?
If one parent is granted sole physical custody due to the other parent’s inability to parent safely or effectively, it does not mean that the other parent cannot see their child at all. In some instances, for a myriad of reasons, a parent may be awarded sole physical custody and the other parent given visitation rights. The parent with sole physical custody will have custody of the child most of the time and the other parent will have visitation time with the child, a shorter period of time that may include some overnight visits.
There are circumstances that may require a parent’s visitation time to be supervised for the safety of the child. Most courts offer supervised visitation at the courthouse or court-approved centers, where a court-appointed/approved supervisor oversees the visit. Other times a court may allow a family member to supervise the visits with the parent. There are also private supervisors that can be involved, hourly rates ranging from of $50-$75.
Child custody is an overwhelming and emotional decision. Consulting with experienced attorneys who are knowledgeable and understanding can help ease your mind and the process of designing a parenting plan that works for you and your family. Contact us today to consult about your custody options.
Legal Custody vs. Physical Custody – What’s the Difference?
Legal custody refers to the rights and the obligation to make decisions about a child. The types of decisions can include choices such as: education, religious upbringing, non-emergency medical decisions or procedures, extracurricular activities, childcare provider, choice of pediatrician or counselor, purchase or operation of a motor vehicle, contraception and sex education, and even decisions relating to actual or potential litigation on behalf of the children.
Legal custody decisions are major decisions affecting the health, welfare, and education of the child. Day-to-day decision making, such as what to eat for lunch, which emergency room to bring the child to if they break their foot, or what type of toothpaste to use is up to the parent exercising parenting time at that time.
Physical custody
refers to which parent the child is physically with at any given time, specifically, where the child is residing that night and which parent is caring for them. This type of custody is what most people think of when they hear “parenting time,” “parenting schedule,” or “custody arrangement.” It is the custody schedule that you are negotiating. It is important to take into account school, work, and travel schedules when deciding on physical custody.
Sole Custody vs. Joint Custody – What’s the Difference?
Now that you know the difference between legal custody and physical custody, we can talk about the four types of physical custody and legal custody arrangements you can request, and what that means for you and your child. Within legal custody and physical custody, parents either have sole legal or joint legal, and sole physical or joint physical custody.
Joint legal custody is the most common type of legal custody. It refers to both parents making decisions together for the best interest of the child. Of course, as in any family, there are some decisions where parents may not see eye to eye. Opening the lines of communication can be difficult for a family going through a period of transition; however, it is important, now more than ever, for parents to listen, empathize, and compromise with one another when it comes to making decisions that will affect their children for years to come.
Sole legal custody refers to one parent having the sole authority to make decisions regarding health, education, and welfare on behalf of the child. This is not typical of most custody situations; however, it is not altogether rare. There are some situations when parents may agree, or a judge may order, that one parent should have sole legal custody of the child. Such circumstances that may warrant sole legal custody include, but are not limited to: one parent living a great distance away, there is a significant history of abuse or neglect, or one parent significant and untreated substance abuse or mental health issues.
Joint physical custody,
as with joint legal custody, is the most common form of physical custody. In this scenario, the parents share equal parenting time of the child, or close to equal. A joint physical custody schedule can look very different for different people. There is no cookie-cutter way to share parenting time that can be applied to every family. In negotiating a parenting plan, be sure to keep in mind work and school schedules. Some schedules may look great on paper but remember these schedules have to work for you and your family in your every day lives.
Sole physical custody refers to one parent being given all or almost all of the physical time with the child. It is uncommon for one parent to be given sole physical custody, but it is an option when one parent has significant impairments that affect their ability and willingness to actively perform their functions as a parent. Such impairments may include, but are not limited to: untreated substance or alcohol abuse, untreated mental illness, or abusive or neglectful behaviors.
Physical Custody vs. Visitation Rights – What’s the Difference?
If one parent is granted sole physical custody due to the other parent’s inability to parent safely or effectively, it does not mean that the other parent cannot see their child at all. In some instances, for a myriad of reasons, a parent may be awarded sole physical custody and the other parent given visitation rights. The parent with sole physical custody will have custody of the child most of the time and the other parent will have visitation time with the child, a shorter period of time that may include some overnight visits.
There are circumstances that may require a parent’s visitation time to be supervised for the safety of the child. Most courts offer supervised visitation at the courthouse or court-approved centers, where a court-appointed/approved supervisor oversees the visit. Other times a court may allow a family member to supervise the visits with the parent. There are also private supervisors that can be involved, hourly rates ranging from of $50-$75.
Child custody is an overwhelming and emotional decision. Consulting with experienced attorneys who are knowledgeable and understanding can help ease your mind and the process of designing a parenting plan that works for you and your family. Contact us today to consult about your custody options.
We are proud to share that the Center for Family Law ha s received the Gerald R. Ortbals Law Practice Award at the 2026 For the Common Good Awards, presented by Legal Services of Eastern Missouri (LSEM). The ceremony was held in August at the Ritz-Carlton, bringing together the region's legal community to celebrate outstanding contributions to access to justice. A Firm-Wide Commitment to Pro Bono Service The Ortbals Award recognizes The Center for Family Law's longstanding dedication to pro bono service. The firm's attorneys have consistently been among LSEM's most active, reliable, and supportive partners for family law referrals. Family law cases are rarely simple. They often sit at the intersection of a client's safety, stability, and the wellbeing of their family. The attorneys who take on this work do so knowing the stakes are personal and the outcomes matter deeply to the people they represent. While LSEM has previously honored individual attorneys from the firm for their pro bono contributions, this year's award is different: it celebrates The Center for Family Law as a whole. It reflects a culture, built over more than two decades, where taking on complex, often difficult family law matters for clients who could not otherwise afford representation isn't the exception, it's the norm. That kind of consistency does not happen by accident. It is the result of firm leadership prioritizing pro bono work, attorneys stepping up case after case, and a shared belief that access to skilled legal counsel in family law matters shouldn't depend on a client's ability to pay. Thank you LSEM for this honor !
We're delighted to announce that our attorneys' hard work and commitment to clients has once again been recognized by their peers. This year, four members of The Center for Family Law team have earned spots in the 2027 edition of Best Lawyers. Ann Bauer - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This marks Ann's 13th year on the list. Allison Gerli - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Allison's 4th year of recognition. Kristen Sparks - Named to the Best Lawyers "Ones to Watch" list for family law, family law arbitration & mediation, and alternative dispute resolution. This is Kristen's 2nd year being honored. Hallie Van Duren - Named to the Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Hallie's 3rd year of recognition. In addition, The Center for Family Law itself has been named a Best Law Firm for 2027 in St. Louis as Tier 1 for Family Law and Family Law Mediation. About Best Lawyers Since 1983, Best Lawyers has stood as one of the most trusted guides to legal excellence. Attorneys featured in The Best Lawyers in America are nominated and reviewed by their peers based on professional skill, and each undergoes a thorough verification process confirming they are actively practicing and in good standing. About The Center for Family Law. Founded in 2013, The Center for Family Law offers full-service representation across all areas of family law, guided by a philosophy of partnership with clients and fellow professionals. We believe an attorney's role is to work alongside clients — helping them understand their options and giving them the knowledge and confidence to make sound decisions for their future. To schedule a consultation, click here .
The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.