Sharing parental rights and responsibilities is common when parents divorce or separate. Parents in California may share physical custody, also known as parenting time. They may also share legal custody or the authority to make decisions about the children, in many cases.
What rights do parents have when they share legal custody?
The right to make short-term decisions
Shared legal custody empowers each adult in the family to make necessary decisions during their parenting time. If the child wants to visit with a friend or requires minor medical attention, the parent who currently has physical custody typically makes those decisions. Parents can use their shared legal custody to navigate the routine parenting challenges that arise on a daily basis.
The need to coordinate big decisions
Shared legal custody generally means that both parents have a say in important decisions that can affect a child’s upbringing and the parent-child relationships within the family. If one parent wants to move out of the state with the children, enroll them in counseling or change what school they attend, they usually need the consent of the other parent.
If parents do not agree on those decisions, they may need to follow conflict resolution standards outlined in their parenting plan or return to family court. Judges can rule on decisions by determining what is in a child’s best interests. Parents can create systems to cooperatively address disagreements and can document any violations of their shared legal custody arrangements that they may need to later address in court.
Discussing parenting priorities with a family law attorney can help parents ensure they include the right provisions in their custody orders. Appropriate custody terms limit opportunities for conflict and help parents more effectively share responsibilities for their children.