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If a child spends a majority of his/her time living with one parent, that parent has primary physical custody. Under Maryland law, majority is defined as at least 2/3 of the 'overnights' during a calendar year.
Physical custody refers to where the child(ren) are physically located. Parents can share physical custody, which means the children spend equal time with each parent. Or one parent can have primary physical custody, with the other parent having ?parenting time? or visitation.
If a parent has "primary custody," it refers to the parent with whom the child lives with after the parents have parted. However, many jurisdictions don't use the term "primary custody." For instance, in Virginia, the term physical custody is used to refer to where the child lives (rather than primary custody).
For this reason, over the years, the term primary physical custody started to replace the term sole physical custody in those situations where one parent has the great majority of the time with the children but the other parent still does have certain designated parenting time.
Typically when Indiana parents divorce, one parent has primary physical custody of the children. Primary physical custody means that the children live with one parent more than 50% of the time. This parent is known as the custodial parent, while the other parent is known as the non-custodial parent.