Legal vs. Physical Custody: What’s the Difference in Missouri?
Getting divorced can be difficult, but when you have children, the process can be more emotionally trying and mentally draining. You’ll need to figure out how to divide your shared assets with your spouse, but you’ll also need to figure out your custody arrangement. Each family’s arrangement will be different, but there are two types of custody you’ll need to be aware of before you can enter into negotiations with your spouse: legal custody and physical custody. Your Missouri family law attorney explains what you need to know about these custody types.
What Is Legal Custody?
Legal custody refers to the right to make decisions regarding the child’s life. These decisions could include where they attend school, which doctors they see for non-emergency illnesses, how they’re disciplined, and the types of values they’re raised with.
Parents and guardians with legal custody are effectively in control over how their child is raised. They are free to make those decisions with or without input from guardians or parents who were not awarded legal custody.
Typically, individuals with legal custody over a child also have physical custody of the child. That means the child lives with them on a part-time or full-time basis. However, there may be instances where parents or guardians with legal custody do not have physical custody.
Ultimately, it comes down to what is best for the child. The court will always consider how the agreement will impact the child’s well-being before reaching a decision.
What Is Physical Custody?
Physical custody refers to where the child lives. In many divorces, physical custody is split between both parents in a joint custody agreement. Joint physical custody agreements could split the time the child spends with each parent in half or may divide the time in a way that works better for the child and their guardians. Ultimately, you and your Missouri family law attorney will work together to figure out what type of physical custody agreement you want to reach with your spouse.
The Key Differences Between Legal and Physical Custody
Ultimately, the differences between legal and physical custody come down to the rights each parent has. Those with legal custody are permitted to make decisions about the child’s upbringing. Those with physical custody are permitted to have the child live with them.
Both physical and legal custody can be awarded to one or both parents. If one parent has both physical and legal custody and the other parent has neither, they’re considered to have sole custody and are solely responsible for the upbringing of their child. However, most parents will split the parenting responsibilities and physical custody.
Which Should You Pursue?
Choosing between joint and legal custody can seem difficult at first. And most courts prefer to let the parents make their decisions on their own. This means you may need to negotiate with your spouse and discuss your wants with each other. Most parents will find it possible to reach an agreement on their own. But if you and your spouse are unable to come to an agreement or you’re both vying for sole custody, the court will step in and help.
How Courts Determine Custody
Courts determine custody by considering how each parent can support the well-being and happiness of the child or children. They’ll consider your financial status, whether you’re planning on moving to a new city or state, your willingness to co-parent with your spouse and other similar factors. If you and your spouse have a proposed plan in place, they’ll take it into consideration as well.
Let an Experienced Missouri Family Law Attorney Help
Coming up with a parenting agreement that provides physical and legal custody in a way that benefits your child can be tough. You don’t have to go it alone. Contact Columbia Family Law today and schedule a consultation with our experienced Missouri family law attorney.