Data from the US Census Bureau shows that 70% of children lived with two parents by 2020, with the rest living with one or neither of their parents. Divorce and separation are among the most common causes why children end up living with only one of their parents.
When facing such issues, you’ll have to decide child custody, which usually involves understanding legal custody vs physical custody. These two types of custody will affect where your child lives and who gets to make important decisions about their life.
Here, we’ll break down the key differences and explain how custody agreements work. We’ll also highlight Florida custody laws to help you protect your child’s future and your rights as a parent.
What Is Legal Custody?
Legal custody lets you make important decisions about your child’s life. It includes choices such as:
- The kind of medical care they receive
- The religion in which you raise them
- Where the child goes to school
- The extracurricular activities they can join
Courts often grant joint legal custody, allowing both parents to share the responsibility of making these decisions. But sometimes, a judge may award sole legal custody to one party.
They may come to such an agreement if the other parent has a history of abuse, neglect, or is unable to be involved. If one person has sole legal custody, they can make decisions about the child’s life independently.
What Is Physical Custody?
Physical custody revolves around where the child lives and includes daily responsibilities like:
- Preparing meal
- Getting the child ready for school
- Providing a consistent place to sleep at night
If you get joint physical custody, your child will spend time living with you and the other party. While the split may not be even, you both can actively involve yourselves in the kid’s life.
Sole physical custody allows only one party to live with a child primarily. However, the other may get visitation rights or a scheduled time.
Legal Custody vs Physical Custody: What’s the Difference?
It’s easy to mix up legal and physical custody, even if they differ. Legal custody is mostly about parental responsibility in the form of decision-making. On the other hand, physical custody is about where the child lives daily and who takes care of their routines.
It’s possible to have one form of custody and not the other. For example, you might have joint legal custody but not physical custody. As a result, you can make decisions with the other party, even if the child only lives with them.
Understanding the differences between the types of custody arrangements will avoid confusion. It also helps you know when to raise a child custody dispute in court or during negotiations. When you understand the terms clearly, you will also avoid unnecessary conflict and ensure your kid benefits.
Understanding Child Custody Decisions
Before your child custody case goes to court, involve a family attorney first. Your lawyer and the one representing the other party will draft custody agreements during negotiations.
Boyer Law Firm, P.L. has a team of family law attorneys who will explain your rights and explore all available legal options.
If you can’t agree on child custody terms with the other party, the lawyer will take the case to court. The judge’s primary focus will be ensuring the final decision is in the child’s best interest. Here are some things they may consider when deciding custody:
- Each party’s ability to care for the child
- The child’s emotional bond with each party
- The child’s age, needs, and health
- Any history of abuse or neglect
- Stability and home environment
- How well the parents can work together
Florida law doesn’t require judges to hear or follow a child’s wishes during a custody case. The decision to do so often rests with the judge’s discretion.
Since no two families are alike, custody cases will always differ. Some parents may be able to work with lawyers and avoid going to court, while others may not.
Regardless of the process you follow, you should always prioritize your child’s needs and protect your rights. Besides, work with an experienced lawyer from Boyer Law Firm, P.L., who understands Florida family law and can help you with an international child custody matter.
Florida Custody Rights
In Florida, both parents have certain custody rights, depending on the agreement or court ruling. It’s vital to understand them, whether you’re:
- Asking for custody,
- Responding to a request
- Amending an existing agreement
Florida Custody Rights
- Spending time with your child
- Making major decisions if you have legal custody
- Knowing about your child’s education and health
- Asking the court for a custody agreement change if things aren’t working
State law also takes violations seriously and has regulations to ensure every party follows custody agreements and court rulings.
If one parent fails to abide by the time-sharing schedule or involves themselves in child abduction, the other can take legal action. In these cases, the court may do the following:
- Order makeup time with the child
- Impose fines
- Change the custody order
- Remove custody rights or issue jail time in serious cases
Having proper family law guidance is vital when dealing with child custody issues. A skilled Florida attorney can help you defend your rights and take action quickly if something goes wrong.
If your situation changes due to getting a new job, moving, or having safety concerns, they can also offer legal assistance.
They will prepare your case and present it to the court requesting custody modification. The judge will then analyze the files and determine if a new arrangement is in the child’s best interest.
Contact a Family Law Attorney for Child Custody Matters
Understanding legal custody vs physical custody will help you claim your rights and protect the child’s well-being. Work with a trusted attorney to navigate Florida law and get professional legal guidance. Additionally, follow court orders to avoid trouble and stay up to date with your child’s everyday life.
At Boyer Law Firm, P.L., we have been offering legal expertise for 15 years. Our family law attorneys can help you handle a child custody matter, whether you are a US citizen or not.