Legal Custody

Legal custody is distinct from physical custody, which refers to where the child will live physically. The court may grant visitation rights to non-custodial parents who do not have physical custody. Because it determines where the child primarily resides, physical custody is often what comes to mind when people imagine custody arranagements. But some parents do not realize that physical custody is not the only type of child custody arrangement available.

Legal custody covers major decision-making responsibilities affecting the children. This can include religion, education, choice of schools, tutoring, extracurricular activities, and health care. In short, legal custody refers to a parent’s right to make important decisions affecting the child.

This article provides a brief overview of legal custody. You can also talk to an attorney near you for legal advice targeted to your family’s situation and the laws in your state.

What Is Legal Custody?

Legal custody gives a parent the right to make long-term decisions about raising a child. This includes the right to make major decisions about the child’s welfare. This can include the child’s education, medical care, dental care, and religious instruction.

In some child custody cases, the court will award legal custody to both parents who were previously married. This arrangement is called “joint legal custody.” Most courts choose this arrangement unless it is shown that one parent is somehow somehow unfit or incapable of making decisions about the child’s upbringing. A history of drug abuse, domestic violence, or child neglect would play a role in this decision, focusing on what’s best for the child (not the parents).

“Physical custody,” meanwhile, relates to where the child lives. Joint physical custody arrangements allow children to split their time between each parent’s home. This is different from one parent having visitation rights.

Joint Legal Custody Issues

Challenges can arise even when parents have joint legal custody arrangments. Parents can disagreements over school, medical care, sports, or extracurriculars. If parents can’t agree, family courts expect them to resolve issues using mediation, co-parenting resources, or other confict resolution tools before returning to court. It can be helpful to document your efforts to cooperate in caes you need to go back to family court later.

But in situations where parents where can’t settle their disputes or circumstances changes, either parent can petition the court to modify the legal custody agreement. Family court judges will use the best interest of the child standard to adjust the order accordingly.

Need help with a child custody modification? The rules and processes for this vary by state. Find an attorney near you.

What Is the ‘Best Interests of the Child’ Standard?

In determining legal custody, family court judges will take into consideration what is in the best interests of the child. This means evaluating various factors. Factors might include:

• The child’s relationship with each parent
• The child’s preference (if they are old enough)
• A history of substance abuse or domestic violence
• The child’s well-being
• The child’s school location

The court may also consider a custody evaluation. The resulting court order or parenting plan will outline decision-making authority, co-parenting arrangements, and parenting time. The court may also award child support as part of the custody order. The court may grant grandparents or other family members custody of a child in certain circumstances.

Ultimately, the primary goal is to ensure the care of the child and their best interests.

What Is Sole Legal Custody?

If one parent is found unfit, the other parent may be granted sole legal custody. If you have sole legal custody of your child, you can make all decisions regarding issues such as schooling, religion, medical care, and housing. You may not have to consider the wishes or opinions of the other parent regarding your child’s upbringing. Most states prefer awarding joint legal custody based on the best interests of the child.

Get Help With Your Legal Custody Dispute: Contact an Attorney

Custody disputes are among the most contentious court proceedings possible. Both the complexity of the law and the serious nature of these proceedings can make an attorney’s assistance invaluable. An experienced child custody attorney can provide you with helpful legal advice about legal custody and physical custody of your minor child.