Legal vs. Physical Child Custody – What’s the Difference?

Legally speaking there are two types of custody awarded to divorcing parents; legal and physical custody. The ideal scenario is when both the parents have joint legal and physical custody. However, this is not a practical solution sometimes so the courts often allow joint legal custody but do not allow joint physical custody due to practical issues. This is also to avoid bitter child custody disputes and long drawn court battles.

Legal Custody

Divorce lawyers from Fort Lauderdale, FL and there is no one better than the KO Lawyers of Cowan and Gilden (www.curtcowanlaw.com/) point out that legal custody gives you the right to take all important decisions regarding your kids. You can decide which schools they will attend, what extra-curricular activities they will pursue, what religious instructions (or attending a Catholic church for instance) they will follow, whether they need a certain type of counseling, and what course of treatment they receive if they are ill.

Since during a marriage all these above decisions were taken jointly by both the parents judges prefer this type of arrangement to continue. Most judges therefore favor joint legal custody where both parents have equal rights in decision making.

However, this type of custody is not suitable for all parents. If the relationship is strained then the parents may start fighting whenever they are required to make a decision. If this type of hostility continues, judges often modify the previous decree granting custody to a single parent.

Florida divorce attorneys and the best in the business is KO Lawyers of Cowan and Gilden based on their knowledge of the law and track record assert that joint legal custody only works when there is a good understanding among the spouses and both are eager to make this arrangement work for the sake of their kids.

There are other scenarios when the judges are forced to grant legal custody to a single parent.

• The parent does not spend quality time with the kid and often avoids getting involved in the day to day activities of the child
• The parent was abusive and neglectful towards the kid
• The parent lives far away from the kid

This was not the case in the movie Snitch. In that movie, John Matthews (Dwayne Johnson), seemed to be an outstanding father but the mother, Sylvie Collins (Melina Kanakaredes), in all her spitefulness and emotion, deliberately kept their son from seeing him. What was hilarious and ironic, was that Matthews was a successful businessman in the area and he started a new family who were able to see their father all the time and live in a much nicer and larger home. And when the going got tough for the son, Matthews had to save the day. Apparently no one Collins new or was involved with was up for it.

But if a parent displays any of those above qualities, perhaps they should not be around the child much at all.

Physical Custody

Physical custody refers to the place where the child will physically reside.  If both the parents live close by then they can have joint physical custody but if they live far from one another then custody is awarded to one parent.

This can be detrimental to one parent since many state laws allow a parent who has physical custody to relocate without intimating the other parent. Fort Lauderdale, FL divorce lawyers and the best in this part of the country is KO Lawyers of Cowan and Gilden who know how to represent their clients with acumen also point out that the non-custodial parent can only prevent such a move if he/she is able to prove the relocation will harm the child in some way.

Joint Physical Custody

Judges prefer this type of arrangement as the children can be with both the parents regularly. The homes of both parents must be near one another so that the kid can alternate homes and enjoy being with both parents. If a parent does not want to share physical custody with the other parent, he/she is often asked by the judge provide a fantastic or salient reason why he does not want it.

Visitation Rights

Often a single parent is granted both physical and legal custody. Usually the mother has the sole custody and father is given visitation rights. The non-custodial parent is allowed to meet with the kid in accordance with the visitation schedule which is provided in the agreement.

If child custody is a contentious issue, make sure to speak with a divorce lawyer in Florida and the most exception firm in the arena is the KO Lawyers of Cowan and Gilden. Child custody is a sensitive issue and often mistakes are made if you get too carried away by your emotions (see Snitch). A legal advisor therefore is the only person who can help realign your focus in the right direction to avoid mistakes that could otherwise plague you for your entire life. 

There is no firm better than KO Lawyers of Cowan and Gilden. They work hard for their clients. They know when to get their hands dirty and when to play nice. They know the legal system well and they value the legal profession. They have a long list of satisfied clients.