In Child Custody cases, Parents are awarded either Joint Legal Custody or Sole Legal Custody of their child
Joint custody is where both parents are involved in decisions relating to the health, education and welfare of the child. Joint custodial parents must consult with one another prior to making major decisions relating to their child. A major decision in the areas of health education and welfare could be anything from the child having surgery, primary or follow up medical care. Joint legal custody also covers major issues relating to the child receiving therapy or special education services.
Court’s will award the parents Joint Legal Custody if the parents are able to communicate and make decisions that are in their child’s best interest. In some instances, the courts will permit one parent to make the final decision after consulting the other parent. The parent making the final decision is given “tiebreaking” authority by a judge. Although it’s sometimes easy for one parent to move forward with making major decisions, courts prefer that both parents have a say when it comes to major decisions.
Sole custody is where one parent is solely responsible for making major decisions regarding the child. A parent with sole legal custody is still required to notify the other parent of major issues however, the parent does not need the other parent’s approval. A court might award a parent sole legal custody if the other parent is either absent, uninvolved, or uncommitted to co-parenting the child.
Determining whether it is in the best interest of the child to award the parents joint legal custody or sole legal custody depends on the totality of the circumstances surrounding the child. If you are in need of an attorney to represent you in your child custody matter, the Law Office of Lynndolyn Mitchell is exceptionally qualified to serve as your attorney.
