Skip to Content
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

    "I really felt like he cared about the outcome for me."
    My experience working with Mr. Thacher was that he was incredibly knowledgeable, responsive, and took the time to explain everything to me. He took a process that I was unfamiliar with and helped me understand all my options and be able to make the best decisions in my case, and I really felt like he cared about the outcome for me. I was referred to his law office, and I highly recommend him if you're in need of a defense attorney. He will work towards the best possible outcome for your case and has a lot of experience, so you can feel confident in his advice. The phone call I received today was nothing less than thrilling! Thanks again.
    - D. W.
    "Jason answered all my emails and phone calls."
    There is nothing like the fear and uncertainty the legal system brings to keep you up at night, especially when it involves your child. For this reason selecting an attorney was one of the most daunting and important decisions I made; after much research that’s why I chose Jason Porter. Throughout the legal process Jason answered all my emails and phone calls, he figuratively provided the hand holding my son and mostly I needed to be reassured the outcome would be in our favor. Needless to say the outcome was in our favor and I could not have been more pleased with Jason’s service. I was so pleased with Jason’s professionalism and legal savvy that I asked if he practices law outside of criminal defense, so I could use his services for all my legal needs. He will always receive my business in the future.
    - Anonymous
    "Will definitely use them in the future if need be."
    Retain them you’re in great hands! They will get the job done. Got my case dismissed. Will definitely use them in the future if need be.
    - T.R.
    "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
    "They were very kind and extremely knowledgeable AND patient."
    Just wanted to say thank you to Attorney Carlucci and paralegal Ms. Rasulova. They were very kind and extremely knowledgeable AND patient. Hopefully I will not need an Attorney in the future, BUT if I do it will be Pick Porter.
    - M
    "Jonathan made us feel comfortable and confident that he would work diligently on our behalf."
    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.
    "I will definitely be using them again if I ever need to!"
    First off let me say how much I love this law firm!!! My boyfriend was referred by a friend and I'm glad we listened! This was the first time we ever needed a lawyer and Richard Watson was INCREDIBLE! He knows his stuff and he doesn't settle for anything less than what we deserved! We loved talking to Bonnie when we called she was always so cheerful and helpful! I recommend YOU to choose this office!!!!!! I promise you won't be disappointed !!!! I will definitely be using them again if I ever need to!
    - Sara B.
    "10/10 recommend- especially if you don’t want to leave the beach!"
    Jason Porter and Nicole Carlucci are the best attorneys in Jax Beach! Listen, no one wants to hire an attorney, but if you need one- these are the people to call. I was able to schedule a same-day appointment and they were professional, courteous, and provided an excellent outcome to my case. 10/10 recommend- especially if you don’t want to leave the beach!
    - K.M.

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