By statutory definition, “physical custody” means the routine daily care and control and the residence of the child. In practice, the physical custody label is not as important as it seems. “Joint physical custody” means that the routine daily care and control and the residence of the child is structured between the parties. In some sense, the routine daily care and control and the residence of the child is structured between the parties whether one or both parties have physical custody.
Moreover, the distinguishing factors of having “sole” physical custody have been largely extinguished over the years. Under previous law, the parent with sole physical custody could change the child’s state of residence unless the noncustodial parent prevailed in court to prevent the move. Under the previous version of the law, the noncustodial parent had the burden of proof, and the court would allow the move unless there was a compelling reason not to allow the move. Under current law, it is the reverse. A parent, even a parent with sole physical custody, must have the consent of the other parent (or the court’s permission) to change the child’s state of residence. The moving parent has the burden of proof in court and the court will not allow the move unless there a compelling basis to allow the move.