Splitting up custody rights is perhaps the biggest part of a divorce for parents. Asset division is also important, of course, but many parents are focused on what this will mean for their relationship with their child.
It is important, however, to remember that custody is divided in a few different ways, so it’s not as simplistic as people sometimes assume. Often, people just consider physical custody—determining when the child gets to live with them—but this is only half of the equation. Legal custody is a bit different.
Making critical decisions
With legal custody, parents define their right to make decisions on their child’s behalf. As the child grows up, they may face certain questions like:
- What school should the child attend?
- What type of healthcare should they receive and where should they go to the doctor?
- What religion should they be brought up in?
- Are they going to open a bank account?
- What daycare should they attend?
Parents have to make these decisions together—and divorced parents often do too. If legal custody is shared jointly, then they both have a right to weigh in and they still need to work together to find compromises and solutions. One person can’t just make these decisions on their own.
But there are other cases in which one parent will have sole legal custody, giving them the ability to unilaterally make decisions—even if they share physical custody and the child spends time living with both parents.
This can all be complex and may lead to disputes. It’s crucial for those involved to understand what legal steps to take at this time.
