What is the difference between legal custody and physical custody?

Question

Accepted Answer

Legal custody (called "legal decision-making" in Arizona): Arizona law uses the term "legal decision-making," which means the legal right and responsibility to make all nonemergency legal decisions for a child, including those regarding education, health care, religious training and personal care decisions . For purposes of interpreting or applying any international treaty, federal law, a uniform code, or the statutes of other U.S. jurisdictions, legal decision-making means legal custody .

Physical custody: The sources define "physical custody" as the physical care and supervision of a child . Note, however, that this definition comes from A.R.S. § 25-1002, which is part of title 25, chapter 8 — the interstate custody (uniform child custody jurisdiction) provisions — a different subject from the legal decision-making statutes, and the term is not separately defined in § 25-401 .

Sole versus joint: In awarding legal decision-making, the court may order either sole legal decision-making or joint legal decision-making . Sole legal decision-making means one parent has the legal right and responsibility to make major decisions for a child . Joint legal decision-making means both parents share decision-making and neither parent's rights or responsibilities are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order . In determining which level of decision-making is in the child's best interests, the court must consider the best-interests factors in § 25-403, subsection A, plus the parents' agreement or lack of agreement on joint decision-making, whether a parent's lack of agreement is unreasonable, the parents' ability to cooperate, and whether a joint arrangement is logistically possible . An order for sole legal decision-making does not allow the sole decision-maker to unilaterally alter a court-ordered parenting time plan .

Scope note: This page does not cover parenting time schedules or relocation; those topics are not addressed here.