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Shared legal custody is often more complex

On Behalf of | Jan 14, 2025 | Parenting plans

There are two types of child custody that need to be addressed in many divorce cases. First is physical custody, which defines where the child will live and which parent will care for the child at specific times. Next is legal custody, which focuses on how parents make decisions on their child’s behalf, such as choosing a doctor, selecting a school and other important matters.

While both types of custody can be complex, physical custody is sometimes more straightforward, even when shared between divorced parents. For example, a simple arrangement might involve each parent having custody for a week, with custody exchanges occurring every Friday. Even if the parents are not on good terms, sticking to a clear schedule can help things run smoothly.

Issues with legal custody

Legal custody, however, can often be more complicated and lead to disputes. The challenge lies in the fact that parents sharing legal custody must agree on decisions, which requires finding compromises or mutual solutions.

This can be especially difficult when the parents are not on amicable terms or when they strongly disagree on a particular issue. For instance, one parent might believe that a specific type of medical care is essential for the child’s well-being, while the other parent may feel that the same care is unnecessary or even harmful.

Such disagreements can lead to significant conflict, particularly if there’s no resolution that satisfies both parties. Since neither parent can make unilateral decisions without the other’s consent, shared legal custody may require court intervention. A judge may need to make a ruling to settle the dispute.

Coparenting complexities

These types of challenges highlight the complexities of co-parenting after a divorce. Understanding your legal rights and responsibilities is crucial to navigating these situations effectively.



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