Sharing custody means sharing parenting time. Parents typically have to follow a very specific schedule regarding when they exchange custody. They may have a routine schedule for during the school year and a schedule for the holidays.
Some parents become so focused on the division of parenting time that they may fail to consider another key element of child custody. Physical custody or time with the children is obviously very important, but legal custody is important too. Legal custody grants parents the right to make certain decisions on behalf of their children.
Who generally has the right to choose where the children go to school, what medical care they receive or what religion they observe?
Joint legal custody is relatively common
Those already subject to a temporary or permanent custody order may find that there is clear language allocating legal custody or decision-making authority along with parenting time. Most custody orders include provisions for the division of decision-making authority.
As with physical custody, there is a presumption in most cases that shared legal custody is in the best interests of the children. Judges expect both parents to cooperate with one another whenever they need to make decisions about a child’s upbringing. They typically need to discuss any major choices before making decisions that could impact the entire family.
Both parents have the authority to make decisions during their own parenting time. However, they usually need to be proactive about communicating with one another about longer-term decisions. Shared or joint legal custody usually means that parents have to reach a mutually-agreeable decision about what doctor the children see or what schools they attend.
In scenarios where parents cannot reach a mutual agreement, going back to court may be necessary. Judges have the authority to either rule on specific issues or to modify the existing custody order. They can grant one parent more legal custody if necessary or determine which choice is likely in the best interests of the children.
Those preparing for custody negotiations or litigation may need to make a point of reviewing terms for legal custody instead of solely focusing on physical custody. Recognizing the importance of parental authority can help parents secure custody terms that work for their families.
