After parents get divorced, they still have to make important decisions on a child’s behalf. If a child gets sick, they have to decide where to take them for medical care. If they suffer an injury, they need to work with the medical team to authorize certain treatments or surgeries. If the child reaches school age, parents have to decide where to enroll them. There are many examples of these important decisions.
This can be addressed during a divorce, and it is part of the child custody order. While physical custody in California determines where the child will live and which parent will be with them, legal custody addresses the parents’ authority to make decisions for their child, often regarding healthcare, education, welfare, religion and more.
What if parents share custody?
When parents share legal custody or have joint legal custody, they have to work together.
For example, you may find an ideal school near your house where you want to enroll your child. But if you share legal custody with your ex, then the two of you have to agree on that school. Your ex also has a say in your child’s educational future, and you cannot simply choose on your own where the child will be enrolled.
That said, a court can also establish sole legal custody. Even if both parents share physical custody, a court may select one parent to make major decisions independently.
As such, every divorce case is unique. It is very important for parents to understand exactly what legal options they have, especially if a dispute arises.