With respect to child custody, the courts are simply trying to decide between the two parents, which is the better home environment for the children. What comes into play here, and is undoubtedly not an easy decision, is how fit each parent is. The courts also look at how they can best derive some semblance of order and routine in the lives of the children, who are going though the chaos of divorce.

There are two types of custody: physical and legal. The first refers to where, the children will live, and the latter to who makes the major decisions with regard to the children.

If both parents are seeking physical custody, it may not come down to a 50/50 split. For example, one parent may live in the school district the children have been attending and the other may not. The courts, of course, will not want to interrupt the children’s’ schooling. In this case, it would make sense that the children stay with the parent who resides in their school district during the week, and perhaps visit the other parent on weekends.

Legal custody encompasses the major decisions surrounding children: decisions like private vs public education, or religious education or holidays. In other writings, we touched on the difficulty these decisions could entail if both parents could not come to an agreement. The courts have to take all this into consideration when assigning legal custody.

All of this can and should be discussed with your Florida Divorce Attorney. He/She should be able to assess if physical or legal custody is likely in your situation.

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