Determining Physical Custody

There are two primary types of child custody: legal and physical. Many people get these two forms of custody confused, but legal custody refers to which parents can make decisions that affect a child, while physical custody, which is the most well-known form of custody, refers to which parent with whom a child primarily lives. While courts are usually primarily concerned with the child’s best interests, there can be many factors which are taken into account when determining physical custody.

Who Gets Physical Custody?

Unless there are special circumstances that make one parent unfit to have legal custody over a child, then both parents will usually be granted custody of the child. However, there are certain circumstances which may lead to a judge granting limited physical custody, or none at all, to one parent. Such factors can include:

  • The wishes of the child
  • The respective incomes of each parent
  • The living situations / location of homes of each parent
  • The reason for the divorce

When both parents are not granted joint physical custody, it is likely due to these common reasons.

Contact Us

Determining custody agreements is usually a very stressful situation for many people, especially if you are worried that you are not getting the best agreement for your children. Fortunately, our attorneys at the BB Law Group PLLC can help you understand the many intricacies of child custody. Call (832) 534-2589 to talk about your options for establishing a child custody arrangement that will benefit both you and your children.


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