How Do You Get Full Legal Custody?
What Is Legal Custody, Anyway?
Legal custody refers to the parents’ rights to make decisions about the child’s life. If you have legal custody of your child, you have the right to make decisions such as where they’ll live, where they’ll go to school, what medical procedures they’ll receive, what religion they’ll join (meaning they receive baptisms, ordinances, etc) and more. Physical custody, on the other hand, refers to where the child lives. Physical custody and legal custody are two separate issues in that the amount of physical custody you have may not necessarily equal the amount of legal custody you have. You can have 50/50 legal custody and have 60/40 physical custody. Similarly, a parent may have full physical custody of the children while having joint legal custody of the children.
Presumed Best Interests
Generally speaking, joint legal custody is presumed to be in the best interests of the child. When we say that it’s presumed to be in the best interests of the child, we mean that—in the most simple terms—the court automatically assumes that it’s in the best interests of the child for the parents to share legal custody. If you do not believe that it’s in your child’s best interests for you and your spouse to share legal custody, you will have to prove that it’s detrimental for your ex to also have any say in how the child is raised. Parents don’t always agree on legal custody matters. For example, if your child is able to attend a public charter school—such as an early college high school—one parent may not agree, and the parents may have to go to court to determine where the child will attend high school. It is not uncommon for parents to have such disagreements, and most disagreements can be resolved without having to make changes to legal custody. However, if there is a “final-say” provision in your divorce decree, the parent who has final-say may be able to have additional input.
How Common is Full Legal Custody?
Having sole legal custody is uncommon outside of situations where parents live far apart. This is largely due to the legal presumption that it’s in the child’s best interests for parents to have joint legal custody. Also, parents tend to be more concerned with obtaining a favorable physical custody arrangement. Many parents would rather have the maximum time with their child and so much of their effort goes toward ensuring that. Furthermore, unless there is a compelling reason as to why your ex shouldn’t get a say in how their own child is raised, it’s not typically worth it for most parents to spend the time, money, and effort to get sole legal custody. In most cases, there’s not a significant, factual basis for the other parent not to have the right to make decisions on behalf of the child.
What’s the Point of Sole-Legal Custody?
Having sole-legal custody does not generally do you any good unless you and your ex are frequently at odds with each other regarding your child’s living arrangements and medical decisions. Generally speaking, sharing legal custody with your ex is not going to substantially impact your child’s day-to-day life. After all, day-to-day decisions are generally made by the parent(s) with physical custody—and in most cases, both parents tend to have at least some physical custody. Sole legal custody is typically only appropriate when a parent is completely unfit to make decisions for the child and will be unfit for the foreseeable future, or the parent lives to far away from the child (however, in some cases, both parents will still share legal custody regardless of the distance). For example, if you are constantly making decisions that are detrimental to the child, such as not seeking out medical care when the child needs it, and there’s no rational reason that you should have waited or abstained from getting medical attention.
Is Getting Full-Legal Custody Worth It?
For most parents, getting full legal custody will not be worth the time, money, and effort required to get full legal custody and, it may not even be possible to convince a judge to give you sole legal custody. If you and your ex do not agree on an issue that substantially impacts your child’s life—such as where the child will live—you can have a judge decide that if you and your ex ultimately aren’t able to come to an agreement, but that doesn’t mean that you need to change the legal custody arrangements. Most issues pertaining to legal custody can be heard on a case-by-case basis and, it’s likely in the child’s best interests for each parent to have legal custody. Aside from cases involving issues such as abuse/neglect or substance addiction, attempting to get sole legal custody may be a waste of time and money.
When You’re Going for Full Custody
If you’re trying to get full custody of your children, getting tailored legal advice is the best thing that you can do. At CoilLaw, our attorneys specialize in high-conflict divorce. When you and your ex are struggling to reach an agreement, our law firm is the one you want on your side. Contact us today to set up your initial consultation.
