Different Types of Custody Rulings

The custody agreement is often one of the most emotionally charged (and in some cases highly contested) aspects of divorce. If both parents wish to remain actively involved in the children's lives, they probably feel very strongly about the decision the court makes. However, the court will care very little about the parents' strong opinions - as the court's primary goal is to find the arrangement that best provides for the interests of the children. This week, our divorce lawyers at the Lake of the Ozarks are here to look at some of the different types of custody arrangements the court may use.

Physical Custody

 Physical custody is the most commonly thought of portion of a custody arrangement. When a parent is granted physical custody of the children, the children live with him/her for at least part of the time. If a parent receives sole physical custody, the children will likely spend a majority of their time with him/her and may have limited or supervised visits with the other parent. If parents are awarded joint physical custody, each parent will likely have frequent times of unsupervised time with the children. 
Legal Custody

 Legal custody refers to a parent's right to make decisions about the children's upbringing, such as:
  • What school the children will attend
  • What religious beliefs the children will be taught
  • What type of medical care the children will receive

Legal custody may be awarded to one parent only, or both parents may share the responsibility. If the court delivers a shared legal custody order, both parents will have to work together to decide how their children will be raised. If one parent makes it difficult or impossible to work together, the other parent may seek to be awarded sole legal custody instead.

If physical custody is shared, legal custody may be shared also. However, every case is slightly different and the circumstances surrounding each situation must be evaluated to determine what will serve the best interests of the children.

Forming Custody Orders

As we stated earlier, the court will try to find the custody arrangement that will best provide for the children's needs. The court may choose between various different custody agreements, such as:
  • Sole physical and sole legal custody 
  • Sole physical and joint legal custody
  • Joint physical and joint legal custody
  • Joint physical and sole legal custody
Arrangements awarding sole physical custody to one parent may or may not include visitation rights for the other parent.

Fighting For Custody Of Your Child

If you are facing a custody battle, there are a number of different things you should (and should not) do to improve your chances of receiving a favorable custody arrangement. Our Lake of the Ozarks divorce attorneys can work with you to improve your chances of receiving a desirable situation. If you would like to learn more about fighting for custody of your child, call 573-346-7231 to schedule your consultation with our law firm in Camdenton, MO.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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