Parents need to make certain decisions for their children as they grow up. While under 18 years old, these children are not legal adults and may not have the authority to make these choices themselves.
For example, if a child wants to open a bank account or invest money, a parent may need to act on the child’s behalf. Other important decisions involve healthcare, such as approving medical treatment, or education, such as choosing a school where the child will be enrolled. Parents may ask children about their preferences, but it is ultimately the parent who decides.
During a marriage, parents typically work together and make decisions jointly. After a divorce, however, questions can arise about which parent has the authority to make these decisions.
Dividing legal custody rights
When courts divide custody between parents, the process goes beyond physical custody alone. While the court may establish a schedule for how parents share time with their child, it also addresses legal custody rights.
Legal custody determines who has the authority to make important decisions for the child. If one parent is granted sole legal custody, that parent can make these decisions independently. If parents share legal custody, they must communicate and work together to make joint decisions on matters such as healthcare, education, religion and finances.
What if parents do not agree?
As you might expect, disagreements can arise when co-parents do not see eye to eye – such as two parents who each want to choose a different school. Parents in this situation need to understand their legal rights and the steps they can take if conflicts occur.
