Explaining the Types of Child Custody
December 20, 2011 By Katz & Phillips, P.A. - Divorce Law
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With several different types of child custody, a family going through the divorce process can easily become frustrated and confused. Fortunately, a divorce attorney can provide families with the relief and legal advocacy they need to make the right decision.
When a couple no longer wishes to be married, they must make pivotal decisions regarding property division, spousal support, and child custody. Child custody, one of the most troubling aspects of the divorce, is much more complex than many people believe. There are several different layers to child custody that are all as equally important as the next; child custody is simply an umbrella term that covers nearly all matters related to the children. When the family has to reach agreements on child custody, there are two types of custody they must decide upon: legal custody and physical custody.
Legal custody is the type of custody that allows a parent to make important decisions for the child, including religion, education, and medical care. Essentially, this type of custody designates which parent will be the decision maker for the child or children. In many cases, if a family court believes that both parents should have an equal say in this matter, they may award joint legal custody to both parents. This is usually best when the parents are able to have a functioning relationship with one another or a relationship that would not interfere with their decision making when it comes to their children.
The second type of custody that must be taken into account is called physical custody. Just as this sounds, this type of custody determines which physical residence the child or children will live at. In cases where one parent is awarded primary physical custody, they are able to have control over where the child resides so long as it allows for a visitation schedule by the parent who is not awarded physical custody. Joint physical custody, on the other hand, is a common decision made by a court when both parents live nearby each other and can split the time with their children.
Historically, many family courts have been known to side with the mother when it comes to issues of child custody, physical custody, and legal custody. In many cases, the mother will be awarded sole custody, even if she is not necessarily the best fit to care for her children. As this injustice has been unveiled, many more courts are pushing for joint custody and primary custody for the fathers where applicable.
If you are seeking divorce and would like to find more information about child custody matters, do not wait to contact a divorce lawyer today. You will find that having your rights protected during a child custody battle is pivotal, especially if you are fighting your spouse to retain custody of your children. Both legal custody and physical custody are complex areas of the law, and without a divorce attorney it may be extremely difficult to decipher the laws surrounding your case. Only an experienced legal advocate should be trusted to properly inform you on your rights and help you secure a favorable outcome with the best interests of your children in mind. Contact a divorce attorney as soon as possible to learn more about the different aspects of child custody.
ABOUT THE AUTHOR: Katz & Phillips, P.A.
Katz & Phillips, P.A. is a family law firm that focuses on assisting those through complex divorce, child custody, and alimony matters in Orlando, Florida and the surrounding communities. If you are considering divorce, first talk to an Orlando divorce attorney at the office to find out your rights and the current options you have. The firm handles cases of uncontested and contested divorce, child custody and support, fathers’ rights, and visitation rights. With years of experience and commitment to their clients, the team can provide you with the high-quality legal attention that your case deserves. To learn more about divorce and family law issues, contact an Orlando divorce lawyer at the firm today.
Copyright Katz & Phillips, P.A. - Divorce Law
More information about Katz & Phillips, P.A. - Divorce Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Legal custody is the type of custody that allows a parent to make important decisions for the child, including religion, education, and medical care. Essentially, this type of custody designates which parent will be the decision maker for the child or children. In many cases, if a family court believes that both parents should have an equal say in this matter, they may award joint legal custody to both parents. This is usually best when the parents are able to have a functioning relationship with one another or a relationship that would not interfere with their decision making when it comes to their children.
The second type of custody that must be taken into account is called physical custody. Just as this sounds, this type of custody determines which physical residence the child or children will live at. In cases where one parent is awarded primary physical custody, they are able to have control over where the child resides so long as it allows for a visitation schedule by the parent who is not awarded physical custody. Joint physical custody, on the other hand, is a common decision made by a court when both parents live nearby each other and can split the time with their children.
Historically, many family courts have been known to side with the mother when it comes to issues of child custody, physical custody, and legal custody. In many cases, the mother will be awarded sole custody, even if she is not necessarily the best fit to care for her children. As this injustice has been unveiled, many more courts are pushing for joint custody and primary custody for the fathers where applicable.
If you are seeking divorce and would like to find more information about child custody matters, do not wait to contact a divorce lawyer today. You will find that having your rights protected during a child custody battle is pivotal, especially if you are fighting your spouse to retain custody of your children. Both legal custody and physical custody are complex areas of the law, and without a divorce attorney it may be extremely difficult to decipher the laws surrounding your case. Only an experienced legal advocate should be trusted to properly inform you on your rights and help you secure a favorable outcome with the best interests of your children in mind. Contact a divorce attorney as soon as possible to learn more about the different aspects of child custody.
ABOUT THE AUTHOR: Katz & Phillips, P.A.
Katz & Phillips, P.A. is a family law firm that focuses on assisting those through complex divorce, child custody, and alimony matters in Orlando, Florida and the surrounding communities. If you are considering divorce, first talk to an Orlando divorce attorney at the office to find out your rights and the current options you have. The firm handles cases of uncontested and contested divorce, child custody and support, fathers’ rights, and visitation rights. With years of experience and commitment to their clients, the team can provide you with the high-quality legal attention that your case deserves. To learn more about divorce and family law issues, contact an Orlando divorce lawyer at the firm today.
Copyright Katz & Phillips, P.A. - Divorce Law
More information about Katz & Phillips, P.A. - Divorce Law
View all articles published by Katz & Phillips, P.A. - Divorce Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
