March 6, 2025 / Family Law Blog

What’s the Difference Between Legal Custody and Physical Custody?

What’s the Difference Between Legal Custody and Physical Custody?

One of the most critical issues parents go through during a separation or divorce is child custody. Two primary forms of custody exist: legal custody and physical custody. While they may seem similar, each carries distinct responsibilities and implications. The Chicago family law attorneys at KHK Family Law & Divorce Attorneys can help you pursue getting legal and physical custody of your child.

Legal custody refers to the authority a parent has to make important decisions regarding their child’s upbringing. This typically includes decisions about their education, healthcare, religion, and general welfare. 

Legal custody can be awarded in two primary ways:

  1. Sole legal custody: One parent is given the exclusive right to make major decisions for the child. The other parent may still have physical custody rights but has no say in decision-making for the child.
  2. Joint legal custody: Both parents share the decision-making responsibilities. This means they must communicate and collaborate on significant issues affecting their child’s life.

A Chicago child custody lawyer can evaluate your case and assess how a court may determine legal custody of your child.

What Is Physical Custody in Illinois?

Physical custody determines where the child will primarily live and which parent will be responsible for their daily care. It also includes how a parent physically interacts with a child including how time is divided between households and visitation schedules.

Physical custody can also be structured in different ways similar to legal custody, including:

  1. Sole physical custody: The child resides primarily with one parent, while the other may have visitation rights.
  2. Joint physical custody: The child splits time between both parents’ homes, allowing them to maintain a relationship with both parents more equally. The time spent at each household varies greatly depending on what the parents agree to or what a judge orders.

A Chicago child custody lawyer can help you understand the many variations of physical custody and help arrange a custody schedule that is best for you and your child.

Illinois courts prioritize your child’s best interests when deciding physical and legal custody. 

Factors that influence custody arrangements include:

  • Parental stability: Courts assess each parent’s ability to provide a stable and supportive environment.
  • Parental involvement: Courts consider which parent has been more involved in the child’s daily life.
  • Child’s age and needs: Younger children may require a different arrangement than older children.
  • Parental cooperation: Courts may favor joint custody if parents can communicate effectively.
  • History of abuse or neglect: A parent with a history of domestic violence or neglect may be denied custody.

A Chicago child custody lawyer can review the different statutory factors a court will consider and help you gather evidence to prove your case. 

Yes. It is possible for a parent to have legal custody without having physical custody. A parent may have the right to make major decisions about the child’s life while the child primarily resides with the other parent. This often happens in cases where one parent lives far away or where joint physical custody is impractical, but joint decision-making is not. 

Modifying Custody Arrangements in Illinois

Custody orders are not always permanent. Either parent can request a modification of a custody order from the court if there has been a substantial change in circumstances for either the child or parent and the change is necessary to serve their best interests. 

Some common reasons for modifying custody include:

  • A parent relocating
  • A significant change in the child’s needs
  • Evidence of neglect or abuse
  • A parent’s failure to adhere to the custody agreement

Courts will review such requests carefully to ensure that modifications serve the child’s best interests. This is always the most important factor weighed by the court.

Understanding the distinction between legal and physical custody is important for any parent navigating a custody dispute. Courts consider multiple factors to decide the best arrangement but will always prioritize your child’s well-being. 

If you are facing a custody battle, consulting a Chicago family law & divorce attorney can help protect your rights and fight for the best possible outcome for your child. Schedule a confidential consultation today to discuss your case.

To learn more and get the help you deserve, call our child custody lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.

We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:

KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068