What is the Difference Between Legal and Physical Custody?
The divorce process can become far more difficult when children are involved, especially if they are minors. Not only can young children be detrimentally affected by their parent’s divorce, but they can also feel overwhelmed or confused by rulings issued by the Court regarding custody. Additionally, if you’ve never dealt with a custody battle before, then you may also feel overwhelmed or confused when it comes to what exactly a custody case entails.
Langley Law is here to help guide you every step of the way and to help you understand exactly what occurs during a custody case. One of our most frequently asked questions:
What is the difference between legal and physical custody?
Legal Custody
Legal custody is the type of custody that addresses decision-making for your child or children. Typically, Courts will assume that parents make decisions jointly. Typical topics parents share decision-making about include:
Where your children will attend school
Medical care
Religion
Extracurricular activities your children are involved in
Missouri has “joint legal custody” and “sole legal custody” arrangements. Joint legal custody is when both parents have the right to make decisions for the children’s upbringing and should make those decisions together. In contrast, sole legal custody is when only one parent makes decisions for the child. These different types of legal custody methods are independent of physical custody, as we’ll discuss below.
Physical Custody
Physical Custody is typically what parents think of when they think of the word “custody” – when the children enjoy parenting time with each parent. There are two types of custody – “joint physical custody“ and “sole physical custody.” Missouri has both joint physical custody and sole physical custody arrangements.
Generally, joint physical custody is when the children spend frequent, continuing, and meaningful time with each of their parents. Missouri law presumes that equal or nearly equal parenting time is in the best interest of the children. Joint physical custody can be an easier transition for children because it allows them to spend physical time with both parents.
How is Custody Determined?
The process of determining a custody agreement begins with the courts in the correct jurisdiction. When determining jurisdiction, Missouri follows the Uniform Child Custody Jurisdiction and Enforcement Act, referred to as the UCCJEA. Under the UCCJEA, Missouri will usually be the home state of children who are subjects of a divorce action when the children have lived in the State of Missouri for the past six months before the commencement of the divorce. Also, if Missouri was the home state of the children within six months before the commencement of the divorce, but has since been absent from the State, if one parent has continued to reside in Missouri, Missouri may still be considered the children’s home state.
Once jurisdiction is established, the next step is to determine custody based on the child’s best interest. The best interest of the children is the main deciding factor when it comes to determining custody arrangements. If the parties are unable to reach an agreement on their own, or they just have questions, they will need to work with a family law attorney to determine a parenting plan that addresses custody of the children. Ultimately, if the parents are unable to reach an agreement on their own, the judge will decide on custody arrangements with the children’s best interest at heart. A judge will make these decisions keeping the children’s physical and mental well-being in mind, taking into consideration statutory factors such as the parties’ wishes, how the children are doing in the community, the mental and physical well-being of all parties involved, and to an extent, the children’s wishes, as well as other factors.
If you are currently going through a custody matter or the divorce process or are looking for a family law attorney to speak to in Kansas City, contact Langley Law.
