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After a divorce, you want to ensure that your child’s lifestyle has minimal disruption, if any. The court feels the same way, which is why they work hard to assign a child custody arrangement that’s in the best interest of your son or daughter. If you’re wondering what the options are for your new family dynamic, use the guide below to learn more.

Physical vs. Legal

In the eyes of the law, parents watch over their children in two distinct ways. Physical custody refers to the in-person care of a minor, while legal custody refers to the symbolic and conceptual control they yield. If a child lives under your roof, you maintain physical custody of them, making sure they’ve brushed their teeth, and that they catch the bus to school.

Legal custody is the power that allows parents to make decisions for their child, such as where they’ll go to school and which doctors will attend to their medical needs. Even if one parent loses physical custody of their child, they may still have a say in these matters.

Sole vs. Joint

child custodyWhen a parent is awarded sole custody, they become the primary caregiver for their child. This arrangement may occur when one parent moves away suddenly or is deemed unfit, such as after domestic violence charges.

In most cases, joint custody is awarded to both parents. This means that they share both physical and legal custody of their child. However, it does not always involve an even 50/50 split. One adult will likely be named the custodial, or “primary residential” parent, and the child will spend most of their time under this parent’s roof. They’ll periodically spend time with the secondary residential parent, such as during weekends, or once every two weeks. 

 

Child custody can be a confusing legal area, but the Law Office of Michael Davidson, PLLC, is here to help. This Lexington, KY, attorney has over 30 years of experience helping families throughout the area, whether they’re just starting the divorce process or working out child support terms. If you’re looking for calculated guidance from a compassionate professional, you can count on this attorney to provide the support you need. To learn more about his practice areas, visit him online. To set up a consultation, call (859) 225-1717.

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