Legal Custody vs. Physical Custody

Perhaps the most contentious part of a divorce is deciding who gets to keep the children. The parent who gets to keep the kids is the one who gets to see them more, to experience the joys and tribulations of being a parent, seeing them every day and not viewing their lives as if in a series of snapshot moments and second-hand stories. But custody is actually about more than just where the kids spend the weekdays. There are actually two different types of custody, each of which has its own set of responsibilities.

Physical Custody

When you hear somebody say, “she got custody of the kids,” that person is referring to physical custody. Because it has more to do with the day-to-day care of the children, the term “custody” is usually taken to mean “physical custody.” This form of custody defines which parent gets to live with the children, and make the everyday decisions that affect them. In many divorces, when both parents are considered responsible, it is common for joint custody to be allowed, in which children take turns living with the parents.

Legal Custody

The other type of child custody is legal custody, which is a separate set of responsibilities. In legal custody, you as the parent have the right to help make decisions regarding your children’s future, such as the school they will attend and the medical attention they will receive. You do not have to have physical custody to play a role in determining your child’s future. It is not uncommon for both parents to hold legal custody, while only one holds physical custody.

Contact Us

If you are divorced and your former spouse is not following the terms of your divorce in regards to child custody, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A., by calling 561-353-2800.