Legal custody and physical placement are two separate concepts that are oftentimes confused.  Legal custody is decision-making power.  It is the right and responsibility to make major decisions concerning the child, except with respect to decisions set forth in an agreement made by the parties or in any court order or judgment.  Major decisions include, but are not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion. 

Physical placement, on the other hand, is the condition under which a party has the right to have a child physically placed with that party.  When a party has physical placement of the child, that parent has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.

Decisions regarding legal custody and physical placement can become very complicated and, at times, contentious because of the emotions involved.  When parents cannot agree on legal custody and physical placement, the court may appoint a guardian ad litem, whose job it is to represent the best interests of the children.

The attorneys at Balisle & Roberson, S.C. have extensive experience helping parties work through legal custody and physical placement issues, including modification of legal custody and physical placement.  Oftentimes we are able to reach agreements; other times, these issues need to be litigated.  Balisle & Roberson, S.C. will determine the most efficient means for a fair resolution.