When going through a divorce, child custody disputes are common. Parents often want to know exactly what rights they have and how these have been divided, such as the difference between sole custody and joint custody.
This certainly does apply to physical custody issues, which help determine which parent takes care of the child and where that child lives. But it is also important to consider legal custody rights.
What does legal custody address?
Legal custody rights focus on the decisions that a parent has to make for their child. Common examples include where the child will go to school, what religion they will be a part of or what type of medical care they are going to get from their pediatrician. Parents with a young child may need to authorize vaccines during the first year of the child’s life, for example, and legal custody rights would determine who gets to make that decision.
Can you share legal custody rights?
Yes. In some cases, one parent will have sole legal custody rights, so they could simply approve medical care or enroll the child in school on their own. But in many cases, joint legal custody is used. Parents have to work together and make decisions jointly to avoid violating the other parent’s rights. They should always attempt to focus on the child’s best interests, and they do this by working together.
Naturally, it can sometimes be difficult for parents to make these decisions jointly, particularly if it is a high-conflict divorce. It is very important for them to understand exactly what legal rights they have and what options exist if a dispute should arise.