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Seeking sole physical child custody? What about legal custody?

Many parents who go through divorce believe that it would be best for their children if they only lived with one parent. The circumstances that lead to this belief can differ from family to family. However, it is important for Kentucky parents to understand that child custody deals with legal custody and physical custody.

Physical custody is what people think of when they consider child custody. In instances where a parent seeks sole physical custody, that individual wants the children to live with him or her the majority of the time. This type of arrangement would allow the other parent to have visitation times with the kids, which may include every other weekend or other scheduling that would suit the situation.

Legal custody is often less thought of, but it is still important in custody decisions. This type of custody refers to the parents' ability to make decisions about the children's education, health care, religious upbringing and other aspects of their welfare. If a parent obtains sole legal custody, he or she would not have to confer with the other parent when a decision about the children's welfare needs to be made, and the other parent will not have the ability to make such decisions.

In Kentucky, joint custody is now the baseline that courts work from when determining child custody arrangements. If parents do want to pursue sole custody, they may need to meet the better parent standard and prove to the court why sole custody would benefit the kids. This goal may not be easy to achieve, and it may be beneficial for parents wanting to reach this outcome to understand how the law may affect their cases.

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