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

    "They were honest, personable, reasonable, and effective."
    I retained The Law Offices of Jason K.S. Porter, P.A. a few years back. They were honest, personable, reasonable, and effective. I would recommend a consultation for any legal matter. If it is out of their field of expertise, they will advise you of that as well.
    - Lido B.
    "Jason Porter is the best attorney in Jacksonville!"
    Jason Porter is the best attorney in Jacksonville!! He has been there for me and my son several times. I have set down with Jason and talked about my concerns and he has always put my mind at ease and has always been there. In my opinion, there is no better attorney!!
    - Sherry H.
    "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
    "The experience was just wonderful! We would recommend them 10 times over."
    My fiancé and I were referred here by a friend. Our lawyer was Nicole Carlucci and paralegal was Danielle Castillo, they were beyond wonderful. Easy to communicate with, always gave us our options and never made us feel pressured. Our relationship with them was very personable and we always felt as if we were their only clients! We seeked their help with regards to child support and time sharing. The experience was just wonderful!!!!! We would recommend them 10 times over.
    - Kizgel D.
    "I love this law firm..."
    Hi my name is Nina and I am writing this review for the public to know that Marlene Hordkin she is an excellent attorney she will go to bat for you. She is compassionate , intelligent , has morals and values she will go the distance to see that your voice is heard and that your case is presented clearly before a judge and that all the evidence is brought into light. Mrs. Hordkin is an amazing woman and an attorney and if you ever need help I suggest that you call her immediately. I want to personally thank you again Marlene you are amazing and the world needs more like you. God bless you!
    - Nina B.
    "Thank you guys for a job well done."
    Very attentive to the needs of my case. This firm was prompt and on point with the affairs surrounding my case and paid attention to the special details. Overall, I received the results I was hoping for and expecting. Thank you guys for a job well done.
    - James M.
    "Thanks for everything!"
    I had contacted Mr. Porter’s office after being in a car accident and having no success on my own with the insurance adjusters. Mr. Porter and his entire staff were all very engaged, expedient and supportive while working on my case. Any questions that I had, I could make a phone call and Hildy or Dani would be on the other end making things make sense to me. Ultimately, they delivered a great outcome that I was happy with. It was a huge weight off my shoulders to have the knowledge and support of Mr. Porter and his staff while navigating through the stress of everything that must be handled after a car accident. In the unfortunate event that I find myself in another similar situation, I won’t hesitate to pick up the phone and give them a call back! Thanks for everything!
    - D.
    "Thanks so much you guys!!!!"
    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.

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