When parents dispute how child custody rights should be divided, they often think of it as fighting for time with their child. They want to make sure that the child will live with them for at least part of the time so that they can maintain a relationship. If someone’s ex is asking the court for sole custody of a child, the other biological parent is very likely to push back against this request.
Physical custody rights are important, and living arrangements do have to be decided. But it’s also wise to remember that this is only half of the equation. When the court issues a custody order, it also has to define what legal custody rights each parent will have.
How are these different?
Legal custody rights differ in that they focus on specific areas of a child’s life. Parents have to make a lot of decisions for a child, such as choosing the religion they’ll be exposed to, opening bank accounts on their behalf, enrolling them in a local school, or taking them to the pediatrician and authorizing different types of medical care.
When a parent has sole legal custody, it means they have the ability to make these decisions without input from the other parent. But if legal custody rights are shared between both parents, then they must compromise and work together—for example, agreeing on which school their child will attend.
Determining child custody rights is incredibly important for parents, both when looking at legal and physical custody. If you’re going through this process, be sure you’re well aware of all of your legal options.