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Many families may think only about the living conditions of the kids when it comes to child custody. You may not understand & remember things or the distinction between physical custody or visitation unless you're an attorney or have been through a child custody proceeding. Here's a simple guide to these factors.


Physical custody is the legal right of the parent to have the child live with them. Physical custody doesn't automatically mean that it is an exclusive right. 

Joint physical custody implies that both parents have a legal right to have the child live with them, and they must set a visitation schedule for the same.


Visitation is the actual schedule that is worked out between the parents to determine when the child will visit with each parent (regardless of who has legal, physical custody). Parents without physical custody can still have regular visitation with their child and expect the court to uphold that right.


The crucial element to recognize here is that these factors are not mutually exclusive. You don't need to have sole physical custody of your child to have visitation. You won't lose any possibility of visitation if you don't have sole or joint physical custody.


Don't be threatened by your ex if they tell you that they intend to have custody and never let you see the child. Guess what; they don't have the power to keep you away. The child's best interest and needs to see each parent is always the court's first responsibility. So no matter what the other parent says, the child's rights always trump theirs.

At Jos Family Law, Mr. Binoye Jos, the best Family Law Attorney, focuses on aiding families with legal matters that involve the most crucial people & aspects of their lives. Call the law office of Mr. Binoye Jos, the best Indian Family Law Attorney in Orange County, at 1-714-733-7066 to get the guidance you require to execute smart, knowledgeable judgments.


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