Category: Child Custody | Read time: 6 min
Child custody is one of the most complex and emotionally charged aspects of any divorce or separation. Understanding what the different types of custody actually mean can help you make more informed decisions for yourself and your children.
With several different types of child custody involved in a family law case, parents going through a divorce or separation can easily become frustrated and confused. The terminology alone can feel overwhelming, and the stakes could not be higher. When decisions about your children are on the line, having a clear understanding of what each type of custody means, and how those decisions are made, is absolutely essential.
Fortunately, a knowledgeable family law attorney can provide families with the relief and legal advocacy they need to navigate this process and make the right decisions for their children. At Jenkinson Legal, Attorney AnnMarie Jenkinson is committed to helping parents in Central Florida understand their rights and protect their most important relationships.
Child Custody Is More Complex Than Most People Realize
When a couple no longer wishes to be married, they must make pivotal decisions regarding property division, spousal support, and child custody. Of all these issues, child custody is often the most troubling aspect of the divorce. It is also much more complex than many people believe going in.
Child custody is simply an umbrella term that covers nearly all matters related to the children involved in a divorce or separation. There are several different layers to child custody, each as equally important as the next. When a family must reach agreements on these matters, there are two fundamental types of custody they must address: legal custody and physical custody. Both must be resolved before a family law case involving children can be finalized, and the decisions made in each area will shape the day-to-day lives of your children for years to come.
Legal Custody: Who Makes the Decisions?
Legal custody is the type of custody that grants a parent the authority to make important decisions on behalf of the child. These are not minor, day-to-day choices. Legal custody covers the major decisions that shape a child’s life, including decisions about religion and religious upbringing, education and school enrollment, medical care and healthcare decisions, mental health treatment, and participation in extracurricular activities.
Essentially, legal custody designates which parent will serve as the decision maker for the child or children. This is one of the most significant rights a parent can hold, and it is one that should be protected carefully throughout the legal process.
Joint Legal Custody
In many cases, if a family court believes that both parents should have an equal say in major decisions affecting the child, the court will award joint legal custody to both parents. Under a joint legal custody arrangement, both parents share the responsibility and the authority to weigh in on the major choices that affect their child’s life. Neither parent can make a unilateral major decision without consulting the other.
Joint legal custody is generally considered to be in the best interests of the child when the parents are able to maintain a functioning co-parenting relationship and when their interactions would not interfere with the quality or consistency of their decision making on the child’s behalf. Courts in Florida strongly favor joint legal custody arrangements in most circumstances, recognizing that children benefit from having both parents actively involved in the important decisions of their lives.
Sole Legal Custody
In situations where joint legal custody is not appropriate, a court may award sole legal custody to one parent. When sole legal custody is awarded, that parent holds the exclusive authority to make major decisions for the child without being required to consult with the other parent. Sole legal custody is typically reserved for cases where joint decision making would be harmful, unworkable, or contrary to the best interests of the child, such as in situations involving domestic violence, substance abuse, or a pattern of one parent being unable or unwilling to cooperate in the child’s best interests.
Physical Custody: Where Does the Child Live?
The second type of custody that must be addressed in every family law case involving children is physical custody. Just as the name suggests, physical custody determines which physical residence the child or children will live at and how time with each parent will be structured. In Florida, this concept is often referred to as time-sharing, reflecting the idea that both parents have a role in the child’s day-to-day life.
Primary Physical Custody
When one parent is awarded primary physical custody, that parent serves as the child’s primary residential caregiver. The child lives with the primary custodial parent for the majority of the time, and the other parent is typically granted a visitation or time-sharing schedule that allows for meaningful contact with the child on a regular basis.
It is important to understand that even when one parent has primary physical custody, the non-custodial parent’s right to spend time with the child is a protected legal right. Courts take the visitation and time-sharing rights of the non-custodial parent seriously, and interference with those rights can have serious legal consequences.
Joint Physical Custody
Joint physical custody, on the other hand, is an arrangement in which the child spends substantial and meaningful time living with both parents. This is a common arrangement when both parents live in close proximity to one another and are able to coordinate schedules in a way that allows the child to split time between both households without disruption to their schooling, activities, or stability.
Joint physical custody does not necessarily mean a perfectly equal split of time. Rather, it means that both parents play an active, ongoing role in the child’s physical care and day-to-day upbringing. The specific schedule is typically laid out in a detailed parenting plan that addresses everything from the regular weekly schedule to holidays, school breaks, and summer vacations.
The Best Interests of the Child: The Standard That Governs Everything
Regardless of which type of legal or physical custody arrangement is under consideration, every custody decision in Florida is governed by a single overriding standard: the best interests of the child. This standard requires the court to consider a wide range of factors relating to each parent’s fitness, the quality of each parent’s relationship with the child, the child’s established home and school environment, the mental and physical health of each parent, and many other considerations.
No two custody cases are exactly alike. The best interests analysis is highly fact-specific and depends entirely on the unique circumstances of each family. This is why having an experienced family law attorney to present your case effectively and advocate for your parental rights is so critically important. The manner in which your case is presented can have a lasting impact on the outcome.
What About Fathers? Do Courts Treat Both Parents Equally?
Historically, many family courts across the country were known to side with the mother when it came to issues of child custody, physical custody, and legal custody. In many cases, the mother would be awarded sole custody even if she was not necessarily the most suitable parent to serve as the primary caregiver. As this injustice was brought to light and challenged through the courts and through legislative reform, significant progress has been made toward achieving genuine equality for both parents in custody proceedings.
Today, courts are increasingly pushing for joint custody arrangements and meaningful primary custody for fathers where the circumstances support it. Florida family law does not favor either parent based on gender. Both parents come into the custody process on equal legal footing, and the court’s analysis focuses entirely on the individual facts of the case and the best interests of the child.
At Jenkinson Legal, we are strong advocates for fathers’ rights and work tirelessly to ensure that fathers receive fair, equitable treatment throughout the custody process. Every parent deserves the opportunity to play a meaningful and protected role in their child’s life, regardless of gender.
Protecting Your Rights Starts With the Right Attorney
If you are going through a divorce or separation and would like to find more information about child custody matters, do not wait to contact a family law attorney. Having your rights protected during a child custody proceeding is pivotal, especially if you are fighting to retain custody of or meaningful time with your children.
Both legal custody and physical custody are complex areas of the law, and without an experienced attorney it can be extremely difficult to understand the legal standards that apply to your case, how to present your position most effectively, and what steps to take to protect yourself and your children throughout the process. Only an experienced legal advocate should be trusted to properly inform you of your rights and help you pursue a favorable outcome with the best interests of your children at the forefront.
Child custody matters can become complicated very quickly, and the decisions made early in the process can have a lasting impact on the outcome. Contact a divorce and family law attorney at Jenkinson Legal as soon as possible to learn more about the different aspects of child custody and what your options are.
Call us today at (321) 837-9547 for a FREE initial consultation. We serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.