My wife and I are separating. She wants sole legal custody of our 6 month old. But she will give me visitation of about 50%. And I'm not sure what phsical custody is really either

Leagal = The right to make decisions for your child and to sign papers accordingly. School and medical decisions are most common.

Physical custody = Is where the child actually is. So 50% would mean she is with you 1/2 the time.

"Sole physical custody with father to have visitation 1/2 of the time" is actually an oxymoron. "Custody" and "visititation" are a matter of degree. If you have "visitation" for 1 minute, you actually have custody during that minute. However when a parent has short periods with the child, it is usually referred to as "visitation" instead. But really it means the same thing.

So if you agree that the child will be with each of you 50% of the time, you would be agreeing to shared physical custody on that basis. It's best that you agree to a specific custody schedule, and get that agreement ratified by the court in a separation or divorce decree.

"Custody" and "visititation" are a matter of degree. If you have "visitation" for 1 minute, you actually have custody during that minute. However when a parent has short periods of time with the child, it is usually referred to as "visitation" instead. But really it means the same thing.


That is pretty close but off by a little. Many states when calculating child support use custody in the formula. Many states define that as overnight and not just visitation.

Visitation can be periods without an overnight stay. Each state has their own way of differentiating it. In California for example. If the father picked up the child in the morning and brings them back in jammies to moms house to sleep the mom for "custody" purposes would have the children 100% and the father 0%. Its an odd situation.