Parents who are going through a divorce may not understand the difficult and sometimes confusing laws that apply to the custody of children. They may, for example, be somewhat familiar with the idea of physical custody and the need for separated or divorced parents to split their kids’ time between their different households. However, they may not have a full appreciation for the importance of legal custody and the important rights in bestows on parents.
Unlike physical custody, which addresses where a child will live, legal custody has to do with how and by whom important decisions regarding the child may be made. If a parent has legal custody, then they may be involved in the process of deciding important matters about their child’s upbringing. Failing to maintain legal custody of a child may force a parent out of the loop of input when it comes to deciding, for example, where a child will go to school or how they will be raised in a system of religion.
Because losing legal custody of a child can mean losing the right to have a voice in how the child is raised, most parents want to aggressively fight to maintain this right. A parent does not need to retain physical custody of their child in order to retain their legal custody rights.
Courts make child custody decisions based on the needs and interests of the kids whose legal matters come before them. This includes the decision of which parent or parents should have legal custody rights. Parents who wish to fight for their legal custody rights may want to get more information about their legal options.