When parents divide custody rights, perhaps during a divorce, they often start by focusing on physical custody. This court order defines where the child will live and which parent will be responsible for them at a given time. For instance, the child might live with their father for a week, and then custody will be exchanged on Sundays so the child can spend the next week with their mother. This is just one example, as there are many possible schedules.
However, it’s crucial for parents to remember that they also need to address legal custody. This is separate from physical custody, so one parent could theoretically have physical custody but not legal custody, or vice versa.
How legal custody works
Legal custody determines who can make important decisions on behalf of the child. While married parents make these decisions together, divorced parents need clarity about their rights and obligations regarding legal custody.
These decisions can cover a wide range of significant factors in the child’s life, including:
- What religion the child will be part of
- Which pediatrician or doctor they will see
- What type of medical care is approved
- Whether they will open savings or bank accounts
- What school they will attend
If a parent has sole legal custody, they can make these decisions independently, even if they share physical custody and parenting time with their ex. However, if legal custody is shared jointly, both parents must make these decisions together. This can sometimes lead to significant conflicts.
Navigating custody arrangements
Parents facing disputes over legal or physical custody should ensure they understand all their legal options and take the necessary steps to protect their rights and their child’s best interests.