Legal Custody vs. Physical Custody in Tennessee: What’s the difference?

The difference between legal custody versus physical custody in Tennessee has to do with decisions that are made on behalf of the children and where they actually live after a divorce. If you’re beginning a divorce or custody case, make sure you understand the difference and what each means regarding your parental rights.

Legal Custody versus Physical Custody           

Legal custody has to do with important decisions that are made about the child’s life such as: 

• religious upbringing;
• extracurricular activities;
• where a child will attend school; and
• non-emergency medical care.

Other states’ laws state that when a parent is granted legal custody, it means he or she has the legal authority to make these decisions.  It Tennessee law, this is described as final decision-making authority.  The different areas of decision-making can be divided among the two parents.

Sole legal custody may be granted to one parent in some cases; in this case, only this parent would be allowed to make these decisions. But in most cases, joint legal custody is granted where both parents can make decisions together.

Physical custody pertains to where the child resides. Sole physical custody means that the child lives with one parent. Tennessee law refers to this as primary residential parent.  As a result, the other parent might be entitled to visitation rights.  In Tennessee, visitation rights is described as either parenting time or residential time.

Joint physical custody is when the child spends time living with both parents. It doesn’t necessarily have to be equal (although it can be). For instance, a child could live with one parent during the week and the other parent over the weekend. Or they may rotate each week.

Visitation and Child Custody 

Visitation rights may be granted to parents who are not granted physical custody of the child. In most cases, these are unsupervised visits that allow the non-custodial parent to spend time with the child. Visits may take place during the week, on weekends, or even over holidays.

Some parents worry that if they are not granted physical custody of the child then they will not be able to make important decisions about his or her life, even if they are granted visitation.

It is not uncommon, though, to grant sole visitation to one parent with visitation granted to the other, and grant joint legal custody to both parents. This allows both parents to share in the decision-making.

Impact of Legal Custody Versus Physical Custody 

The impact of the legal custody and physical custody arrangement can be significant.  For instance, joint physical custody requires a lot of transitioning and possibly adapting to new rules at each home. However, it also means enjoying a relationship with both parents.

With joint legal custody, if one parent makes a decision without talking to the other parent, the court may need to get involved. However, it can also help the children feel more stable when parents are working together to make these decisions, as it can promote consistency and stability in the child’s life.

For more information, see Tennessee Child Custody Laws in Divorce Answers to FAQs.

Contacting a Family Law Attorney in Cordova, Tennessee 

Deciding where a child lives and who will make major decisions in his or her life is very important. Residents of Cordova or nearby areas can consult with a family law attorney at the Miles Mason Family Law Group for help. We can help you better understand the meaning and implications of legal custody and physical custody and how they apply to your case (901) 683-1850.