If you are going through a divorce with children, you certainly are thinking about your parental rights and your custody rights. For many people, their main focus is preserving these custody rights so that they can maintain a relationship with their child.
But the mistake that people make is thinking that custody is just a singular issue, revolving around which house the child lives in and which parent lives there with them. But this is just half of the issue, known as physical custody. The court will also make an order addressing legal custody.
How is legal custody different?
Instead of focusing on the child’s physical living situation, legal custody defines who has the right to make decisions for the child.
For instance, when a new baby is born, parents need to pick out a pediatrician and decide what types of vaccinations and other medical treatments the child will get. As that child grows older, the parents have to decide which school they will be enrolled in. The parent or parents who have legal custody are the ones who get to make these choices.
In some cases, even parents who share physical custody will not share legal custody. One person may have sole decision-making power in the relationship. But in other cases, legal custody is also split between both of them, so they need to compromise and work together to make joint decisions.
Your legal rights
This can create a complex situation, and parental rights are very important, so be sure you understand what legal steps to take as you navigate this process.