Relentless. Rigorous. Rutgers.

What parents need to know about legal custody

On Behalf of | Jan 26, 2025 | Child Custody |

The terms used to discuss custody when parents divorce or separate can confuse many people. For example, parents in West Michigan may not understand the concept of legal custody. They may confuse legal custody with parentage or with a custody order.

Legal custody is the decision-making authority allocated to parents. What do parents facing divorce or separation need to know about legal custody?

Shared legal custody is common

Judges settling custody issues generally have to focus on what they think might be best for the children. For most families, shared custody is the best possible outcome. Both parents receive an allocation of parenting time in the final custody order.

Judges also typically expect parents to share legal custody as well. Parents sharing legal custody need to regularly communicate with one another. They may have the authority to make certain decisions on demand during their own parenting time.

However, decisions with lasting implications, such as transferring a child to another school, often require an agreement between the parents. Those negotiating custody terms generally want to ensure that they advocate for a reasonable allocation of legal custody in addition to physical custody or parenting time.

They also need to be ready to respond if their co-parent cuts them out of important decisions. In some cases, it may be necessary to go back to court to modify or enforce the custody order if one parent does not respect the other’s shared legal custody.

Understanding legal custody and how important it can be may help parents address complicated family law issues. Those attempting to establish, modify or enforce a custody order may need help to achieve the best possible outcome.