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Legal Custody vs. Physical Custody in Kentucky


— December 1, 2022

Although this process can be confusing if you don’t have a legal background, your attorney can help you understand key terms and concepts.


If you are approaching a custody battle in Kentucky, you might be vaguely familiar with terms like “legal custody” and “physical custody.” If you have no legal background, these terms can be difficult to wrap your head around. However, it’s important to understand the difference between these two terms, especially if you’re serious about your upcoming custody battle. By developing a clear understanding of these terms, you can give yourself the best possible chance of a positive legal outcome. 

The best way to develop a clear understanding of these terms is to consult with a qualified, experienced child custody attorney. These legal professionals can answer all of your questions and explain every detail of the child custody process. Not only that, but they can also guide you forward, represent you in court, and ensure that you’re striving for a positive legal outcome. 

Legal Custody

Legal custody refers to the decision-making authority of each parent over matters related to their children. Before divorce, both parents have the legal right to make important decisions about how their children are raised. These decisions may include the education of the child, their religious practices, and their medical treatment. After a couple divorces in Kentucky, the courts need to decide which parents should retain these rights. In most cases, Kentucky grants divorced parents joint legal custody over their children. This means that after the divorce is finalized, both parents retain equal decision-making authority over important child-raising decisions. 

However, legal custody can be granted to just one parent in some cases. Legal custody can also be modified. Today, many parents have successfully modified their custody arrangements as a result of Covid-19, for example. One parent may believe that the children should be vaccinated, while the other parent may not. As a result, the court may need to step in and grant temporary or permanent legal custody to just one parent. This will allow one parent to make a decision for their children without the other parent interfering. 

Physical Custody

Man in white shirt carrying children; image by Nathan Dumlao, via Unsplash.com.
Man in white shirt carrying children; image by Nathan Dumlao, via Unsplash.com.

Physical custody refers to the ability of parents to live with their children and spend time with them. Again, physical custody may be shared, or it may be awarded to just one parent. If one parent is granted sole physical custody, they are known as the “custodial guardian.” In Kentucky, joint custody is usually the preferred option for courts, as judges believe that children benefit from spending roughly equal amounts of time with each parent. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Lexington area for a qualified, experienced child custody attorney, there are many legal professionals waiting to assist you. Team up with one of these lawyers, and you can approach the custody process in a confident, efficient manner. Although this process can be confusing if you don’t have a legal background, your attorney can help you understand key terms and concepts. Book your consultation today. 

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