There are two main forms of custody that parents must divide between themselves or ask the courts to split when they separate. Physical custody is often the focus during custody negotiations. Parents want to spend as much time with their children as they can.
Legal custody does not always receive the attention that it truly deserves. Legal custody is the authority that parents have to make decisions on behalf of their children. When parents share physical custody, they usually share legal custody as well.
What does that mean for a family?
Parents control their parenting time
When parents share legal custody, they have the authority to make necessary decisions when they have physical custody. They choose what the children eat and whether they can go on playdates. Parents who share legal custody have to get used to giving up control while the children are with their other parent.
Major decisions require an agreement
When parents share legal custody, they may have to discuss major decisions and reach an agreement. If one parent wants to move the children out of public school to pursue homeschooling or to enroll them in private school, the other parent generally needs to agree with that decision. In scenarios where parents find themselves disagreeing on critical long-term decisions, they may need to go back to family court and have a judge review the situation.
Understanding how sharing legal custody affects co-parenting dynamics can be beneficial for those separating or divorcing. Parents who share custody often have to work together to make choices that are in the best interests of their children.
