Custody disputes often center on physical custody, or which parent the child lives with. For instance, perhaps both parents are trying to seek sole custody so that the child will live with them all the time. They may dispute who should get sole custody, or they may be unhappy when a court decides to assign shared custody, meaning it is split between both of them.
As challenging as these physical custody disputes can be, it’s important to remember that legal custody is a bit different. This also has to be assigned during a divorce, and it focuses on making decisions with the child’s best interests in mind. Common decisions that parents have to make include where to open bank accounts, what school the child should attend, what doctor they’re going to see or what type of medical care they should get.
Why these disputes are more complex
Often, it’s harder to resolve a legal custody dispute. The reason for this is that parents must work together if they share legal custody.
For instance, if one parent wants to take their child to a specific doctor and the other parent opposes that type of medical treatment, it is often illegal for the parent to make the doctor’s appointment anyway. It would be a violation of their ex’s rights to legal custody. The parents have to find a solution that works for both of them.
Naturally, this is not always possible. There may be no way to compromise. That could mean the couple has to go to court and get a ruling from the judge. The judge will attempt to figure out what is in the child’s best interests and then can authorize that decision, regardless of legal custody rights.
You can imagine how contentious and complicated a case like this can become. If you find yourself involved in one, take the time to carefully look into all of your legal options.