What is the difference between legal and physical child custody in a Louisville divorce? The term “child custody” is commonly used by those going through the process of a divorce here in Louisville. However, most don’t understand the legal elements of child custody, visitation, and parenting time, or the elements of “legal” and “physical custody” in a Louisville divorce.
What is the Difference Between Legal and Physical Child Custody?
There are two separate forms of custody when it comes to spending time with your child(ren) during and after a Kentucky divorce case: legal custody and physical custody.
Legal custody is the right and authority to make important decisions regarding a child, including, but not limited to, their education, health care, religious practices, and even extracurricular activities. Legal custody of a child in Kentucky will usually be “sole” or “joint.” Here in Kentucky, our family law establishes that in most cases, it is in the best interests of each child to spend equal quality time with each of their parents. This legal “presumption” can be challenged based upon various factors, but shared or “joint” custody is the most common and a sound starting point for these discussions.
Our Family Court will usually award or approve an order for joint legal custody when each parent demonstrates the capacity to work with the other to protect the child’s best interests, and when both parties are prepared to and demonstrate a willingness and desire to share in the day-to-day care of a child.
Physical custody (which includes “visitation” or “parenting time”) is related to the ability to have the child with you, to pick them up, and to have them live under your roof. Where will each child reside, and what will the schedule be in each home? Will each parent be able to take a child to school or day care and pick them up? How will the child’s time be divided between each parent and their respective household?
Legal and physical custody of each child can be “joint” or “shared” equally or in some specific fashion established by the Court, “supervised,” meaning the Court perceives it is not safe for the child to be alone with a given parent during visitation periods. If the Court perceives a situation involves a parent that has a history of violence, demonstrated neglect or abuse, or is unable to provide a safe, stable, healthy environment for the child(ren) the Court may award “sole” legal and/or physical custody to one of the child’s parents. Sole custody invests all authority in one of the parents to make all decisions regarding the child’s legal and/or physical custody.
Understanding the difference between legal and physical child custody in a Louisville divorce is important. All child custody, visitation, and parenting time issues in a Louisville divorce involving a child or children must be completely resolved before final orders can be issued in your divorce case.
Child custody, visitation, and parenting time orders in Kentucky are usually quite detailed. They often address specific issues, such as the division of important dates such as each child’s birthday, holidays, school breaks, and summer vacations. Ask your experienced child custody and visitation attorney from Dodd & Dodd about the ability for you or the other parent to travel with each child, and any limitations, such as advance authorization from the Court regarding travel with a child outside of Kentucky or international travel.
All decisions in a Kentucky Family Court involving a child are rooted in the principle of “what is in the best interests of the child?” Our family law provides rebuttable presumptions, such as that spending equal quality time with each parent is usually in the child’s best interests. Each case is different. Each child and parent is different.
Now that you understand more about the difference between legal and physical child custody, what are your goals and objectives regarding child custody, visitation, and parenting time during or after your Louisville divorce? If you are involved in a contentious child custody or parenting time issue, we invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
