What's the difference between where a child lives and who gets to make the big decisions? That is the heart of physical custody versus legal custody. Physical custody means a child's day-to-day living arrangement - who the child lives with and who handles the regular routine. Legal custody means the authority to make major choices for the child, such as medical care, schooling, counseling, and religious upbringing. A parent can have one, the other, or share both.

In real life, that difference matters because living with a child is not always the same as having the final say. One parent might have primary physical custody, while both parents share legal custody and must cooperate on major decisions. In some families, one parent has sole legal custody because the court believes shared decision-making would not be in the child's best interest.

In Texas, courts usually use the word conservatorship instead of "custody." Under the Texas Family Code, parents may be named joint managing conservators or one parent may be a sole managing conservator. That can directly affect an injury claim involving a child: the parent with legal decision-making authority may control medical treatment, approve settlement terms, or work with a guardian ad litem if a court must review a child's recovery.