As a parent going through a divorce, it’s natural to focus on where your child will live and how much time you’ll spend together. However, you should also think about your authority to make key decisions for your child. This is what legal custody is all about.
When you share legal custody with your co-parent, both of you must work together when deciding on critical aspects of your child’s life, such as their education, medical care and even religious upbringing. On the other hand, if one parent has sole legal custody, they can make these decisions independently.
Why this matters
Even if your child doesn’t live with you full-time, legal custody helps ensure that your voice is heard. It allows you to stay involved in your child’s life, beyond just visitation schedules. Otherwise, you could be left out of life-changing decisions that affect your child’s well-being and future.
Legal custody is enforceable
Sharing legal custody with your co-parent means that you have rights that the court recognizes and can protect. Should your co-parent make major decisions affecting your child without your input under a joint legal custody arrangement (unless it’s an emergency situation like a medical crisis), you have the right to step in and make things right.
Protect your parental rights
Legal custody isn’t just a legal term. It affects your ability to shape your child’s future. If you hold joint legal custody but your co-parent is constantly making significant decisions about your child without involving you, don’t ignore it.
Document each instance and try talking to them about it. If that fails, seek legal guidance to understand your options and take proper steps to protect your place in your child’s life.