“Physical custody” refers to the main residence, care and control of the minor child. Physical custody is a label which is awarded to the parent where the child typically resides and calls home. The award of physical custody is determined by an analysis of the “best interests” of the minor child. The Court considers the thirteen (13) statutory best interest factors in determining an award of physical custody. The parties are also free to agree to an award of custody.
“Joint physical custody” means that the minor child is spending approximately an equal amount of time with both parents at different residences. Although this does not always mean 50/50% (e.g. 60%/40% may constitute joint physical custody), it does mean that each parent is spending a substantial amount of time (including overnights) with the minor child.
- Read custody and best interests statute: link
- Read modification of custody statute: link
- Read mediation statute: link