Law4u - Made in India

What is the difference between legal custody and physical custody in Indian law?

07-May-2024
Child Custody

Answer By law4u team

In Indian law, the concepts of legal custody and physical custody relate to the guardianship and care of a child in the context of family law and child custody matters. Here's the difference between the two: Legal Custody: Legal custody refers to the right and responsibility to make major decisions regarding the upbringing and welfare of the child. These decisions typically include matters related to the child's education, healthcare, religion, and overall well-being. The parent or guardian with legal custody has the authority to make important decisions on behalf of the child. This may include decisions about schooling, medical treatment, religious upbringing, and other significant aspects of the child's life. Legal custody can be awarded solely to one parent (sole legal custody) or jointly to both parents (joint legal custody), depending on the circumstances of the case and what is deemed to be in the best interests of the child. Physical Custody: Physical custody, also known as residential custody or parenting time, refers to the actual physical care and supervision of the child on a day-to-day basis. The parent with physical custody is the one with whom the child primarily resides and spends the majority of their time. This parent is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and emotional support. In cases of joint physical custody, the child may spend equal or significant amounts of time living with both parents, whereas in cases of sole physical custody, the child primarily resides with one parent while the other parent may have visitation rights or parenting time. In many cases, legal custody and physical custody may be awarded to the same parent (either solely or jointly), but it's also possible for these forms of custody to be awarded separately. The determination of custody arrangements is based on various factors, including the child's best interests, the ability of each parent to provide a stable and nurturing environment, and any specific needs or preferences of the child. Family courts in India make decisions regarding custody based on these considerations and the relevant provisions of laws such as the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956.

Child Custody Verified Advocates

Get expert legal advice instantly.

Advocate Akshay Thakur

Advocate Akshay Thakur

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Labour & Service,Motor Accident,Wills Trusts,Revenue

Get Advice
Advocate Abhijeet Dubey

Advocate Abhijeet Dubey

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Child Custody, Divorce, Documentation, Domestic Violence, Family, International Law, Labour & Service, Landlord & Tenant, Immigration, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Karthik Raja

Advocate Karthik Raja

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Customs & Central Excise, Divorce, GST, High Court, Documentation, Cyber Crime, Family, Domestic Violence, Immigration, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Medical Negligence, Muslim Law, Motor Accident, Patent, Property, RERA, R.T.I, Recovery, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue, Tax, Startup, NCLT, Succession Certificate

Get Advice
Advocate Pradeep Kumar Yadav

Advocate Pradeep Kumar Yadav

Anticipatory Bail, Cheque Bounce, Criminal, Family, High Court, Child Custody, Court Marriage, Consumer Court, Corporate, Customs & Central Excise, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Insurance, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Recovery, R.T.I, Property, Patent, NCLT, RERA, Startup, Succession Certificate, Trademark & Copyright, Supreme Court

Get Advice
Advocate Shiva Nayak

Advocate Shiva Nayak

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rajiv Modgill

Advocate Rajiv Modgill

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Wills Trusts, Customs & Central Excise, Corporate, High Court, Immigration, Insurance, R.T.I, Trademark & Copyright, Revenue, Tax

Get Advice
Advocate H K Barot

Advocate H K Barot

Criminal, Civil, Cheque Bounce, Divorce, High Court, Motor Accident, Medical Negligence, Labour & Service, Landlord & Tenant, Documentation, Child Custody, Breach of Contract

Get Advice
Advocate Anil Kumar Puthalapattu

Advocate Anil Kumar Puthalapattu

Criminal, Family, Divorce, Cheque Bounce, Banking & Finance, Anticipatory Bail, R.T.I, Medical Negligence, Muslim Law, Domestic Violence, Immigration, Insurance, Labour & Service, Consumer Court, Cyber Crime, Civil, Child Custody, Motor Accident, Breach of Contract, Revenue

Get Advice
Advocate A Rajkumar

Advocate A Rajkumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, Succession Certificate, Wills Trusts

Get Advice
Advocate Rahul Katara Meena

Advocate Rahul Katara Meena

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Wills Trusts

Get Advice

Child Custody Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.