If you have children, your first concern in the wake of divorce will likely be child custody. However, many people lack a clear understanding of this area of divorce law. Custody is not always cut and dry; here are just a few of the ways your parental authority might be divided.  

Physical & Legal Custody

Child custody can be divided into two different categories: physical and legal. A parent who is granted physical custody will have the child living with them. They are then responsible for the child’s physical presence, such as taking them to and picking them up from school or keeping watch over them when they are home. Legal custody refers to a parent’s authority under the law to make decisions for their child, such as about their health care, education, and the way in which they are raised.

Sole & Joint Custody

When deciding who gets physical and legal custody, a judge may settle on a number of different custody arrangements. This refers to the way authority is distributed between the two parents. If joint custody is granted, both parents will share responsibilities. In some cases, only joint legal custody is granted, while physical custody is left to one parent. For example, this may occur if one parent moves out of state for their job.

If sole custody is granted, only one parent has legal or physical custody of the child. In either case, the judge will always consider the best interests of the child when making their decision. For example, if one parent got a house far from the child’s school, they might award sole physical custody to the parent who lives closer. However, even in a sole custody arrangement, the other parent may be granted visitation with their child, according to a court-mandated schedule.

If you’re interested in fighting for child custody after a divorce, turn to Coyne, Cundiff & Hillemann, P.C. in Lake St Louis, MO. With over 75 years of combined experience, you can trust their team to provide personalized attention and make intuitive decisions about your case. To learn more about their practice areas, visit their website. You can also call (636) 561-5599 to schedule a free consultation with a trusted attorney.