Physical Custody VS. Legal Custody - What's The Difference?

In any case, involving children, the court is looking to rule in the best interest of the child. The way the court rules may not always be what both parents are expecting. However, our child custody attorneys at the Lake of the Ozarks want you to feel more informed on this subject. The Lake of the Ozarks divorce lawyers at Phillips, McElyea, Carpenter, and Welch are here to explain the differences between Physical and Legal custody and different custody options the court may order for your child. If you are going through a tough divorce with children and have questions, please call our divorce lawyers at the Lake of the Ozarks for your free consultation today. We can be reached at (573) 346-7231.


What are some of the different ways the court may rule in a child custody case?

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 1) Joint physical and joint legal custody 2) Joint physical and sole legal custody 3) Sole physical and sole legal custody 4) Sole physical and joint legal custody

Please note that arrangements awarding sole physical custody to one parent may or may not include visitation rights for the other parent.


Physical Custody VS. Legal Custody - What's The Difference?


What does legal custody mean?

Legal custody refers to a parent's right to make decisions about the children's upbringing, such as 1) What school the children will attend 2) What religious beliefs the children will be taught 3) 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.

What does physical custody mean?

Physical custody is the most commonly thought of a 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.

The key to staying informed on all aspects of divorce and child custody is to have an experienced attorney at the Lake of the Ozarks on your side who can keep you up to date. Phillips, McElyea, Carpenter, and Welch specializes in family law and we understand that the issues of each divorce are unique, our attorneys are able to plot a course based on the individual needs of the client. For your free consultation call (573) 346-7231.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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109 East Highway 54, Suite 103
Camdenton, Missouri
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