When parents share physical custody of their child, it means the child lives with each parent for a designated amount of time. This could be an equal split, such as alternating weeks at each parent’s home. Alternatively, one parent might have the child on weekends or on specific days.
That said, regardless of how a court divides physical custody, parents also need to consider legal custody. Legal custody refers to the right to make important decisions on the child’s behalf, such as:
- Who will be the child’s primary care provider?
- What types of vaccines or medications will the child receive?
- What religion will the child be raised in?
- Where will the child go to school?
- Who can open financial accounts in the child’s name?
It is possible for just one parent to have sole legal custody, allowing them to make all major decisions for the child. However, courts can also grant joint legal custody, which can make the process more complex.
Parents need to find a way to agree
The challenge with joint legal custody is that one parent cannot unilaterally make decisions without the other’s agreement.
For example, if your child is very young and still receiving vaccinations from their pediatrician, both parents must decide which vaccines the child will get. You may want to follow the full vaccine schedule to ensure your child’s health and safety, but if your ex disagrees, the decision must be resolved collaboratively if you share legal custody.
Naturally, reaching an agreement may not always be possible. If both parents firmly believe their position is correct and cannot compromise, it may be necessary to ask the court to make a decision. It’s critical not to violate your ex’s rights by making unilateral decisions without their input. Be sure to understand the legal steps you’ll need to take in such cases.
