Child custody has two types. First is the physical custody and second, is the legal custody. Whether you can have legal or physical custody, the court will determine the decision. Whether it is a sole or joint custody, the decision will be based according to the best interest of the child.
Physical Custody
This refers to the residence where the child should live. It is granted by the court to a parent who they think as better fit to live with the child. A parent can have either sole or joint custody.
This means that only one parent can live with the child. The house of the parent with granted sole physical custody should be the home of the child. On the other hand, the other parent can only have limited visitation rights and his or her house will only be considered as a place to visit.
In this arrangement, both place of residence of the parents can be considered as the home of the child. This would give parents a more or less equal parenting time. However, it is very rare that a court will grant joint physical custody. It might only be difficult for the child involved. This will only be possible if the parents live near each other, otherwise, sole custody is the best option.
Legal Custody
In legal custody, the authority to make decisions with regards to the child's well-being is involved. It means that either one or both parents have the authority to decide what is best for the child, which can include the school, religion, medical care, etc.
The court will appoint one parent to have the right over decision making with regards to the child's welfare. He/She does not need an approval of the other parent to decide whether the child should transfer school, enroll in outdoor activities, and other things concerned with the child.
As the term implies, both parents can take part in decision making with regards to the child's welfare. One parent cannot simply make a decision. Both parents must consult one another before making any move.
For family law matters, attorney Mellany Marquez-Kelly of Marquez-Kelly Law will always be there to help you. Whether you need a modification of child custody, divorce, adoption, arrangement modification, or domestic violence injunctions, she will aggressively fight for your right.
Call us at 239-214-0403. Our legal services serve the areas near Cape Coral and Fort Myers in Florida.
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