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.
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Mr. Porter helped me in 2010 with a Breach of Contract case in which he was able to recover my earned commissions from my former employer. Mr. Porter was very friendly and knowledgeable in the area of Non Compete agreements which allowed for a quick settlement from my former employer. The staff was great and addressed my issues and questions in a timely fashion. I would recommend Mr. Porter to anyone that has a case in the areas he practices in.- John
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I met Jason 13 years ago in a case I had. He wasn't my first choice of lawyer originally. Our original lawyer was unable to perform the task needed at the time. Jason took our case over and worked his magic in the courtroom. People, the is no substitute for a court case. This firm is head and shoulders above anyone. If you want to go generic with your cereal that's fine. You can buy Fruit Rings instead of Froot Loops. But when choosing an attorney and your life is on the line, go with this firm. You get what you pay for. And by Picking Porter, you get so much more. Since then my entire family has used this firm for random cases. All of which we have prevailed. Most recently, Chris Craun family law attorney has helped us win yet another case. His outstanding outlook and attention to the details and knowledge of the law was the difference. Chris comes from this same tree. They know people and the law. Do not mess up by acquiring sub-par representation. You should pick Porter before your counterpart does!!!- Ken O.
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This was my first time ever getting a lawyer, and I am extremely pleased with the service I received. They moved fast, and my case was dropped. I will definitely go back to them and highly recommend this great Firm!!!! Jason himself is a pleasure to speak with!!! He’s very nice, understanding, and down-to-earth. Thanks so much you guys!!!!- B.M.
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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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