Q: Confused on how custody judgment granted both sole and joint custody
A:
In Missouri there are 2 primary categories of custody...physical and legal.
Physical custody deals with each parties "parenting time" with the child; or if Sole Physical Custody is granted, then the term "visitation" is used for the non-custodial parent's time with the child.
Legal Custody describes the rights of the parents as to legal decisions, such as educational, medical, extracurricular, etc.
The presumed "best interest of the child" custody arrangement is going to be granting the parents Joint Physical and Joint Legal Custody. If a party believes it is in the best interest of the child that they be awarded Sole Physical and/or Sole Legal Custody, then the burden of proof falls on that requesting party to convince the court. And if certain issues exist, then a Judge could award Sole Physical and Sole Legal Custody, or alternatively it could be any combination. For example if the court finds that the parties just do not have the capability to communicate, then perhaps Joint Physical Custody and Sole Legal Custody might be in the child's best interest, or alternatively Joint Physical to both parents, but Sole Legal Custody to one parent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
