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Physical custody concerns the person with whom the child will physically reside. Custody determines which parent makes important decisions on behalf of the child. When we refer to «sole custody,» we are generally referring to a court agreement in which a parent has both legal and physical custody of the child. The non-responsible parent may have a limited visit, but it was likely deemed inappropriate for the parent for a particular reason. Most custody agreements are «shared custody,» which generally refers to shared custody, even if only one parent has physical custody. an overview of the different types of childcare and the advantages and disadvantages of each, including physical custody; child custody; sole custody; shared custody; and information on shared custody contracts. In the case of a custody decision, the courts are always free – and even legally – to choose a regulation that best meets the needs of the child while taking into account the needs and abilities of the parents. If the co-parents are unable to agree on custody of the children, it is up to a judge to determine what is in the best interests of the child. If you have divorced and your minor children live with you, you have custody of them. .