When unmarried couples or divorcing couples are splitting up custody of their children, it’s important for them to understand all of their rights. They also need to know exactly how custody can be divided, because there are some common misconceptions.
For instance, new parents sometimes don’t realize that there are actually two sides to a custody decision. Physical custody is certainly part of the equation in determining where the child lives. Although this is all that many parents think about, it is not the only type of custody the court considers. Legal custody is just as crucial and can have a big impact on the lives of both the parents and the child moving forward.
What is legal custody?
While physical custody sets up living situations and direct parental oversight, legal custody addresses making decisions to help guide the course of a child’s life.
For instance, a parent who has legal custody rights gets to decide what religion their child is a part of or what school they attend. That parent can make medical decisions on the child’s behalf or open bank accounts in their name.
Even if parents share custody, they need to remember that they can’t make these decisions without the other parent’s input. For example, a parent who wants to authorize a certain type of medical treatment for their child can’t necessarily do so without consulting their ex. If they both have a legal right to make that decision, they need to compromise and work together to put the child’s best interests first.
Naturally, this can lead to some disagreements and disputes, so parents need to understand what legal rights they have.