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Why sharing legal custody can get complicated 

On Behalf of | Sep 12, 2024 | FAMILY LAW - Child Custody

Did you know that child custody can generally be divided into two categories? These are legal custody and physical custody. What most people think of first is physical custody, or which home the child lives in – and which parent they live with at the time.

However, legal custody can actually make things a bit more complex on some fronts. This just refers to who can make important decisions on the child’s behalf. These could be decisions about healthcare, education, religion and much more. 

In some cases, sole legal custody is given to one parent, who can then make any decisions that they want. But there are also situations where the court splits legal custody between both parents, which can lead to conflicts.

Solutions and compromises

The issue is that parents who share legal custody can’t just make decisions on their own. They must work together.

Say that you believe your child needs a certain medical treatment, but your ex says that it is unnecessary or that it would even be dangerous. They do not want the child to get that treatment. You may be tempted to go behind their back and get the treatment anyway, but this would be a violation of their legal custody rights. You have to work together to find a solution or a compromise.

Of course, this isn’t always possible. Maybe your ex refuses to compromise. If so, you can have the court make a ruling – such as ruling that it is in the child’s best interests to get the medical care – but you do need to do this first. Don’t violate the court order by making this decision on your own.

Post-divorce life can get complex for parents. If you find yourself involved in a dispute, be sure you understand all of your legal rights.