Skip to Content
Law Offices of Jason K.S. Porter, P.A. Law Offices of Jason K.S. Porter, P.A.
Pick Porter! TM 904-701-0591
Top
Legal vs. Physical Custody Serving Families Throughout Jacksonville For Over 25 Years

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.

Contact Jason K.S. Porter, P.A. for trusted representation at (904) 701-0591 today!

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.

  • A Guided, Hands-On Approach
    Step-by-Step Guidance for Any Legal Matter
  • A Compassionate Team
    Your Story Matters - We're Here to Listen
  • Extensive Experience
    Approximately 100 Years of Combined Legal Experience On Your Side
  • Award-Winning Counsel
    Top-Rated Ethics & Legal Skill – AV Preeminent® Rating
  • Trusted & Recommended
    Trusted by the Media & Recommended by Our Clients
  • Top-Rated Attorneys
    Top-Rated Personal Injury, DUI, & Criminal Defense Lawyer

Hear From Our Happy Clients

Serving Jacksonville, FL Since 2004

    "Nicely Done! Success has been reached!"
    Many times when you meet attorneys to represent you, there are thoughts that reside in the back of your head...some good and some bad. "Are these guys REALLY going to help me," or "do they REALLY have my best interest," or "can I really trust them?" Those are the many thoughts, plus more, that I had--it did go away after my first initial visit with one of the attorney's at Jason's Porter's law office. For my case, I worked with two different attorneys which included Jason Porter himself. Both of those guys were with me 100% from the beginning, in court, after court, late in the evening by phone calls, text, and emails, it was a great experience. What was consistent and what I valued most is that I got to know both of them, what they like to do in their personal time with family, which felt like I could communicate openly and honestly. My case was a criminal case and because of them, I do not have to be viewed as a criminal. I want to share and express my gratitude for how they have helped me so others can choose Jason Porter.
    - JW
    "The best attorney out there by far!"
    I was rear-ended in an auto accident when I was pregnant and Mr. Porter assured me he would take care of everything and he did. I was very pleased with the response and the time he put into my case and how quickly it was settled. The office staff is the best. They are very outgoing and kind and they are always friendly! If your looking for an amazing attorney look no further. I know that in the future if I will need an attorney I will not hesitate to use The Law Offices of Jason K. Porter. They will not let you down.
    - Jessica Oyoque
    "The Best I Could Imagine!!!"
    I used Jason Porters services after a bad roll over accident involving myself and my ALMOST 1 year old daughter when I lived in Jacksonville. Within 24 hours of contacting the office, I was seen by 2 physicians and my case was in full motion. My husband was deployed, and I was scared at first. However, Mr. Porter and his ENTIRE staff had me at immediate ease. I could email or call his assistant at any hour with any concern, and would have a response very quickly. I would highly recommend this office to anyone at any time. The compassion of the entire staff was more than I could have expected.
    - Robyn S.
    "Mr. Porter and his staff are fantastic."
    Mr. Porter and his staff are fantastic. They clearly explained the charges, potential outcomes and estimated timelines. They worked closely with me to tailor their services to my unique situation. The entire team demonstrated extensive knowledge of the law, flexibility, and responsiveness. These qualities helped put my mind at ease until they were able to get all charges against me dropped. I would highly recommend this law firm.
    - P.B.
    "Thank you guys so much!!"
    We had the absolute best experience working with Mr. Porter’s office. Our daughter was severely hurt last summer due to someone else’s negligence and we won our settlement! We were extremely happy with this law firm!!!!! Dani is also the best paralegal and she was wonderful to work with and very prompt with all my emails and questions I had! Thank you guys so much!!
    - M.M.
    "You really took years of stress off my shoulder and I can finally have clarity in my mind."
    Over the past month or so I had made a call to the Law offices of Jason Porter because I needed to resolve an issue that occurred over 7 years ago. Once I explained the situation the secretary sent me directly to Jonathan Thacher. All I can say is that Thacher did an amazing job handling my case and I am extremely happy right now. I no longer have to worry about that problem ever again thanks to Thacher. The work was effective and everything went through perfectly. Thank you so much man you really took years of stress off my shoulder and I can finally have clarity in my mind.
    - Joshua S.
    "He is our family attorney forever."
    There are times when you may need unforeseen legal assistance and your scared and don't have a clue if youre making the right choice. The decision is not an easy one when it's based on your family and life. You worry if they have your best interest at heart, if they know enough, if they know the right people and it's very emotional & confusing. Ten years ago my family was faced with the worst nightmare any mother could ever imagine & I prayed to God to make the right decision and I did. Meeting Jason Porter & his assistant Darlene C. (she's been with him longer than that), was the best in my life in my family's life. Jason doesn't have a big office turn around, in fact I have watched his office grow to the success it is today. His staff stays because they know they are with a terrific guy & great attorney. I can go on and on and mean every word from the bottom of my heart but the are truly no words to describe the great outcomes he has had for 2 of my sons on separate occasions. Unfortunately, we don't live in a society anymore where "boys will be boys". There are way too many laws and not enough of societal morality (due to a change of the times). Boys may get in trouble, they did get in trouble but with their unfortunate choices, my choice was the better in retaining Jason and his law firm. He is our family attorney forever.
    - Anonymous
    "It was truly a blessing to have found this law firm"
    It was truly a blessing to have found this law firm
    - K.H.

Pick Porter!™ Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • *Motorcycle accident - $2,835,000
  • $1,502,500 Premises Liability - $1,502,500

    Bodily Injury Claim

  • *Wrongful Death - $1,000,000
  • Settled *Estate of Fred Fedorka

    Largest settlement ever against Volusia County.

  • *Medical Malpractice - $500,000