During divorce, couples do not just have to divide physical custody – which determines where their child lives – but also legal custody. This is the right that parents have to make decisions for their children. These decisions could address healthcare, education, religion, financial accounts and things of this nature.
In some cases, one parent has legal custody and can make these decisions on their own. But it’s very common for parents to have shared or joint custody. What do they do if there’s a dispute and they both have legal custody rights?
The importance of a parenting plan
First and foremost, an effective parenting plan can sometimes head off disputes in advance. Parents can discuss their wishes and make a plan for how they will jointly raise their child. Talking about these things in advance, rather than when the issue comes up, can make it easier.
Seeking a solution
If parents disagree about something important – such as what type of healthcare their child should receive – the first step is to try to seek a compromise or a solution. Neither parent can unilaterally make the decision without the other person’s input, or it would be a violation of their rights. So the parents need to discuss the issue and see if they can find a solution that puts the child’s best interests first.
Going to court
Finally, if parents cannot agree and there is no compromise, then they may have to go to court. The judge can examine the case and make a ruling regarding what the parents need to do. This is the last resort because it takes control out of the parents’ hands, but it does protect their custody rights.
If you find yourself in this position, be sure you know exactly what rights you have and what legal steps you can take moving forward.