Legal Custody vs. Physical Custody in a FL Divorce
Work with a Jacksonville Child Custody Lawyer
If you're currently facing a divorce or you have already begun the process, determining the custody agreement for your children will be one of the most important items on the agenda. There are many different types of child custody arrangements. These arrangements differ from case to case and vary depending on the circumstances of every divorce. First, it is important to understand the difference between legal custody and physical custody.
Legal custody is the type of custody that allows a parent to make important decisions in the life of their child such as where they will go to school, what doctor they will go to, etc. Physical custody refers to the actual, physical custody of your children. A parent who retains physical custody will live under the same roof as their child.
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Factors that Determine Custody
The family court or the mediator assigned to your case will be responsible for evaluating a number of different factors in order to determine which custodial agreement will prove to serve the best interests of the children. Listed below are some of the more common variables that determine custody:
- The occupation of both parents
- The expendable income both parents are able to provide
- The relationship both parents have with the children
- Whether or not either parent has a criminal history
- The mental and physical state of both parents
Again, these are just some of the possible determinative factors when it comes to a custodial agreement. Speak with a Jacksonville child custody lawyer from our firm if you have additional questions regarding how child custody is determined and what you can do to help your case.
Shared or Sole Parental Responsibility
In addition to the physical and legal custody distinction, there is also a distinction made between shared and sole custody. In the state of Florida, this is referred to as shared parental responsibility or sole parental responsibility. Like it sounds, shared parental responsibility means that parents share the legal decision making and physical custody of their children, while sole parental responsibility means that only one parent retains full physical custody of their child, as well as full legal decision making, while the other parent may or may not be granted visitation. Shared parental responsibility can be granted in the case of both physical and legal custody, just as sole parental responsibility can. Below is a breakdown of these custody arrangements:
- Shared Physical Custody: This custodial arrangement involves both parents sharing physical custody. While this does not necessarily mean that each parent will have even time with their children, it does mean that the children will live at each parents' residence at different times.
- Shared Legal Responsibility: This custodial arrangement involves both parents sharing legal custody. Sharing legal responsibility means that both parents have a say in the important decisions that will affect the lives of their children.
- Sole Physical Custody: This custodial agreement involves only one parent being awarded the physical custody of their children. This means that, with the exception of potential visits with the non-custodial parent, the children will solely be residing with only one parent.
- Sole Legal Responsibility: This custodial agreement involves only one parent being awarded the legal custody of their children. The parent who is granted sole legal custody will be the only parental authority able to make major decisions regarding their children's welfare.
Custody agreements can be complex. You want to present yourself in just the right way to be granted the custody arrangement that is most beneficial for you and your children.
To build a strong case in your favor, contact a Jacksonville child custody attorney from the Law Offices of Jason K.S. Porter, P.A. today.
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Jason and his firm came highly recommended by my family member. My son's case would have eventually ended up with negative consequences if not for Jonathan Thatcher. Jonathan was supportive, knowledgeable and kept us informed at all stages of the case. Great firm and appreciate all your hard work in the success of my son's case. I would use this firm again and again.- Kim J.
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The purpose of this letter is to express our appreciation for Jonathan Thacher's legal services associated with our daughter's case. Jonathan was and is always available for questions. If we left a message, he would always get back to us in a prompt fashion. It isn't easy to find such a capable lawyer who seems to be in the right job. He is caring and very attentive to us. No questions went unanswered. Jonathan made us feel comfortable and confident that he would work diligently on our behalf. In the end, we felt blessed that we had the right person to help us when we felt lost. I can't tell you how important it is to choose the right lawyers for your case. He certainly lifted a weight off our shoulder to know that Jonathan and the firm's staff were working for us and a good conclusion to our problem.- Edward & Sondra A.
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"Bad things happen to good families and people” That is one of the first things Jason said to me and my son. The laws are set to protect us. However, the law can be black and white when there are several shades of grey. If a man has a beer in his own house after coming back from war but is only 20, should his dad be charged for contributing to the delinquency of a minor? Have you ever done something now looking back, it may not have been the best decision but nothing happened? That was not the case a few years ago to my family. A bad decision, one I am sure many of us have done in our younger days. A bad decision was made and it could have ruined a young man’s future. The courts are busy and things can fall through the cracks; I was making sure my son was not one of them. I knew Jason had worked for the District attorney’s office so he knew both sides of the law. He knew what the other side was going to do and say because he was there for many years. He prepared our family through each and every step. He made sure that we were proactive “getting ducks in a row” so to speak. If there was something mentioned, we had already taken care of it and showed no history and really no where for the other side to go. What could have been jail time ended up being a bump in the road. No one can promise anything is a sure thing. Jason did not make any promises he was not prepared to keep. He told us what normally happens, and what he was going to try for and he did. I rather have someone say there is a 70/30 chance than, “sure this is no problem, don’t worry about it”. We do worry about it. It is our lives or one of someone we love. Some cases may not be life or death, but they all are between a life that could be and a life that never will be. Jason understands that and approached it as if was his brother standing next to him. Every now and then, I will look at my son when eating dinner or something and think, if it was not for Jason and his group, I would have to visit my son to see him. I thanked God for Jason being there then, and have every day since.
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