When co-parents need to determine how to share custody of their children, courts often have to make a ruling. This can sometimes happen with unmarried couples who need a resolution, and it is often part of the divorce process.
The first side of the custody order is what most people expect: determining where the child will live. For instance, two parents may get joint physical custody and a plan where the child lives with one parent during the week and the other parent on the weekend. In other situations, one parent may be given primary custody, but then the other parent may be allowed to visit the child or see them occasionally. Every situation is unique, but the court is focusing on the living situation and the parent who is in charge of taking care of the child.
The legal custody side
The other side of the equation, though, is known as legal custody. Parents often have to make decisions for children while they are minors, and who has the power to do this is determined by who has legal custody. These decisions may involve enrolling the child in school, finding them a pediatrician, approving medical care or picking a religion for them to be part of.
Once again, this custody can be split in multiple ways. If one parent has sole legal custody, then it’s up to them to make all these decisions on their own. But parents have to compromise and find shared solutions if they share legal custody rights. Making decisions on their own could be a violation of the other parent’s rights and a violation of the court order.
Are you going through this process now and seeking a custody determination from the court? Be sure you know exactly what legal steps to take to protect your parental rights.
