Factors to Consider When Determining Child Custody

Factors to Consider When Determining Child Custody

Posted By R. Gregory Colvin LLC || 18-Nov-2016

Throughout your divorce, you have to consider what is going to be best for your children. This is echoed strongly when setting up child custody agreements. To avoid some huge conflicts down the line, it helps to know some of the determining factors of child custody orders now.

To begin, there are two types of child custody:

  1. Legal: This is a parent’s right to make decisions for their children and regarding their children’s upbringing. For example, if you want to raise your child Catholic or send them to a particular school, you need to have legal custody rights to do so.
  2. Physical: This is a parent’s right to live with and house their child, as in the physical location of their domicile. It is often more difficult to gain physical custody than legal custody.

You need to consider what type of custody do you want or think you deserve? And how much of that custody would you like? While sometimes it is best for one parent to get 100% of physical custody rights, such as in a case involving domestic violence, the court tends to try to split it 50-50.

There are two types of custody responsibilities:

  1. Full: If you gain full custody, your ex-spouse gets none at all. Any interaction with your child, physical or legal, must be approved by you or the court.
  2. Joint: This just means sharing custody to some degree, but usually breaks down to 50% each. For example, a 50-50 joint physical custody would probably be simplified into a plan that has your children living with you one week and your ex-spouse the next, ensuring they have equal shared living opportunities with both of you.

Of course, you should also consider that you don’t have to file for full custody for yourself. If you know that your job requires you to move around often, or if you don’t have a steady source of income, you can ask your ex-spouse to accept full physical custody of the children. This surrender of responsibility is not common for legal custody, however, as that indicates you do not believe yourself to be capable of making the right decisions for your children.

In the end, no matter what type of custody you want to fight for and how much responsibility you think you should have, you need to always remember that your kids come first. Every determining factor the court views will be balanced against this notion, so thinking this way from the start can steer you away from delays and pitfalls. Another way to make this process easier is retaining the services of R. Gregory Colvin LLC and our Orlando family law attorney. Call 407.603.3460 to reach a team with more than 25 years of divorce law experience.

Categories: Child Custody, FAQ

Why Hire Our Orlando
Family Law Attorney?

  • (+) 25+ years of trusted legal service
  • (+) Trial-tested skill to represent you in court if necessary
  • (+) Available to meet with you on weekends
  • (+) Large firm experience at a small firm price
  • (+) Accessible 24/7 by phone to answer your questions

Contact Us Today

Send My Information