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  5. What is the difference between legal and physical custody?

What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law |

If you’re going through a custody issue in Minnesota, it’s important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child’s life.

Understanding legal custody

Legal custody refers to who makes major decisions for your child. This includes choices about education, medical care, and religion. In Minnesota, both parents often share legal custody unless it’s not in the child’s best interest. Shared legal custody means both parents work together to make big decisions. Sole legal custody means one parent makes those decisions alone.

Understanding physical custody

Physical custody is about where your child lives and spends time day-to-day. It covers who handles the child’s routine and daily care. In Minnesota, physical custody can also be shared or sole. If it’s joint, the child splits time between both parents’ homes, but that is not necessarily exactly 50/50. If it’s sole physical custody, the child mainly lives with one parent, and the other may have scheduled parenting time.

Key differences between the two

Legal custody deals with authority over major life decisions. Physical custody is about the child’s daily living situation. You can have joint legal custody even if physical custody isn’t shared equally. Courts consider each parent’s ability to cooperate and support the child’s well-being when deciding custody arrangements.

Why understanding this matters

Knowing the difference helps you set realistic expectations. It also helps you focus on what matters most for your child’s future. Whether you share legal, physical, or both types of custody, clear communication and cooperation make a big difference.

JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

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EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

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Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

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WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

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When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society. Like all...

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MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

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Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

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Home For The Holidays

by Edward Shaw | Nov 27, 2024 | Firm News

It happens every year in the family court business, separated parents fighting over where the kids will be for the holidays.  The holiday season has its challenges to begin with, the stress or organizing get togethers, figuring out where people will be, traveling with...

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THE WHEELS OF JUSTICE GRIND SLOWLY

by Edward Shaw | Nov 1, 2024 | General Law

I watch very little TV, but the shows that I have seen about the legal system vary in how accurate they are, some are almost completely fantasy, others were clearly put together by people who have worked in the legal system and are pretty accurate. Almost all of the...

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WHEN DO YOU SHOW UP FOR COURT, WHEN DO YOU WRITE A STATEMENT?

by Edward Shaw | Oct 22, 2024 | Firm News

The question comes up for me all the time. Oftentimes, people do not know if they need to show up for court or simply sign a written statement, called an Affidavit. Here are the rules for an in-person hearing, usually called a trial or an evidentiary hearing: anyone...

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  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES
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  • WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

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