When discussing child custody, two terms you may often hear are “sole legal custody” and “joint legal custody.” If you are going through divorce negotiations, it is crucial to understand the difference between these two arrangements.
What is legal custody?
Legal custody means who gets to make the decisions regarding the following three areas of the child’s life:
- Education;
- Religion; and
- Medical.
Legal custody is completely separate from physical custody. For example, a parent can have sole legal custody, but share joint physical custody.
What is sole legal custody?
Sole legal custody means one parent has the authority to make the decision for the child in the three areas identified above without the other parent’s agreement. The sole legal custodian is still required to keep the other parent informed of the decision being made.
What is joint legal custody?
Conversely, joint legal custody requires the parents to agree on the decisions being made related to the child’s education, religion, and medical care. If one parent is seeking to change something that is already in place, like where the child goes to school, the parent may not unilaterally change the child’s school. Rather, a change in school would require both legal custodians to agree on the change of school.
Which is right for you?
The choice between sole and joint legal custody may sometimes be complicated. The custody arrangements could depend on various factors, including your relationship with your ex-partner, your child’s needs and your ability to co-parent effectively.
The court will look at the effectiveness and ability for the parents to co-parent and communicate in determining whether joint legal custody or sole legal custody is appropriate. The court’s primary concern will always be the child’s best interest. Whether you are leaning towards sole or joint custody, creating a stable, nurturing environment for your child is essential.
Dealing with custody arrangements can be challenging, but understanding these basic concepts is a great start. If you are facing a custody decision, consider consulting an attorney. They could guide you through the process and help you make the best choice for your family.
