When parents divorce, they must decide how to raise their children in two key areas: where the child lives and who makes important decisions. These are known as physical custody and legal custody.
It is legal custody that usually refers to major decisions in the child’s life. Below are some important points to consider.
The difference between legal and physical custody
Physical custody decides where the child lives and who takes care of daily needs. Legal custody is about who has the authority to make major decisions about the child’s life. A parent can have one type of custody without the other.
Legal custody does not depend on where the child lives. A parent may not have physical custody but still share legal custody and take part in big decisions.
What decisions fall under legal custody?
Legal custody includes the power to make choices about:
- Education, such as choosing schools or special programs
- Healthcare, including doctor visits and treatments
- Religion or spiritual upbringing
- Activities like sports, music lessons or travel
These decisions often shape a child’s future, which is why legal custody is an important part of any parenting plan.
Can legal custody be shared?
Legal custody can be joint. This means both parents share the right to make major decisions. They must talk with each other and agree on important matters. In some cases, parents work well together and joint custody runs smoothly. If not, the court may decide that one parent should have sole legal custody.
Understanding how custody works can help parents build a stronger co-parenting relationship. If you are in a dispute with your co-parent, it’s crucial to seek legal guidance.