Legal Custody

When choosing a parenting plan, a divorcing couple must decide on child custody, the two types of which are legal and physical. The parents should be well informed as to the differences between legal custody and joint custody, as there are significant distinctions between the two types. Legal custody encapsulates all the decisions surrounding the child's education, medical needs and religious activity, whereas physical custody refers to the daily care and routine of the child. Legal custody may be the weightier of the two types of custody, since its effects are far-reaching and detrimental to the child's future.

Joint or Sole Legal Custody

A parent may be granted sole legal custody or joint legal custody. If a parent has sole legal custody, he or she has the freedom to make any and all decisions regarding the child's education, medical needs, religion, or decision of that nature. The parent does not need to seek the input of the other parent in this situation. Sole legal custody is generally granted to one parent if the parent has a history of being abusive and/or dangerous. If the parents have joint legal custody, they both have a say in the educational, medical and religious decisions in the child's life.

One parent may still have more input than the other parent, but both parents are legally allowed to be involved in making those decisions. The parent who is more involved is often said to be the primary caregiver. However, this term does not give the parent any more rights than are granted to the other parent. Sometimes one parent will live with the child but still share the responsibility of making major decisions for the child with the other parent. Because court systems used to consider mothers as generally more fit custodians of the children than fathers, mothers were more commonly awarded sole legal custody. However, that generality cannot be made anymore, as more and more divorce cases are resulting in joint legal custody.

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