Legal custody is the right of a divorced or separated parent to make important decisions for their child. Joint legal custody allows both parents to make decisions, while sole legal custody grants one parent this right. Physical custody refers to where the child lives. A custody agreement is necessary, but if not reached, a judge will decide. Any parent with legal custody can make important decisions for their child, including day-to-day concerns and major life decisions.
Legal custody refers to the right of a parent who is divorced or separated from their child’s other parent to make important decisions in their child’s life. This right differs from physical custody, which refers to the parent with whom the child resides. The two main types of legal custody, which is determined by an agreement between the parents or a judge’s order, are joint legal custody, which is an agreement where both parents share the right to make the major decisions for their child and the only legal custody, or when one parent can make these decisions without the input of the other parent. These important decisions include, but are not limited to, your child’s education, medical care, and religious education.
Any parent who has legal custody of their child has the right to make the most important decisions in their child’s life. This differs from physical custody, which refers to the child’s living arrangements. These two distinct rights can often overlap depending on the situation. For example, one parent may have sole legal custody of the child while sharing physical custody with the other parent.
Parents who have separated or divorced typically need to reach a custody agreement to determine care for their child. If not, a judge will decide for them. Taking a custody case to court, which can be a costly route to take due to the need for legal representation, is typically only when there is extreme animosity between the parents or if one parent believes the other is not suitable. Joint custody is the usual decision by a court when custody cases arise, with the exception of cases where one parent is found to be ineligible. In the case of joint custody, if one parent excludes the other from the decision making process, the excluded parent can go to court and the other parent can be convicted of contempt of court.
Any parent with sole legal custody has the right to make important life decisions on behalf of their child. These decisions include day-to-day concerns, such as non-urgent medical and dental care, religious education, and where the child will go to school. Other specific examples of such important decisions may involve parental consent to allow the child to get married, get a driver’s license, or join the military. Parents who don’t have legal custody can’t make such important decisions, but that doesn’t stop them from making routine decisions while the baby is in their care, such as baby’s feeding schedule or bedtime.
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