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Legal custody is a complex court process. That’s why we have put together this helpful guide for parents seeking information about legal custody. As a family law firm, we have exceptional knowledge and experience in this field, and we want to help you!

What is legal custody?

Legal custody is the authority given to a parent or guardian to make impactful decisions on behalf of a child. Decisions, here, can impact everything from education to healthcare, to religious and cultural practices. Legal custody affords a parent or guardian the legal right to be involved in these decision-making processes. It also ensures that the guardian or parent has a say in the child’s upbringing. 

How is legal custody different from physical custody?

Legal custody and physical custody are two different aspects of child custody. Legal custody refers to the authority and right to make important and impactful decisions on the child’s behalf. Physical custody entails the actual care and living arrangements made for the child. In the most simple terms, legal custody is about the power to make decisions, and physical custody is about where the child lives.

Legal custody enables a parent to have a say regarding the child’s education, healthcare, and cultural practices. It also makes sure the guardian has the right to be involved in these areas. Meanwhile, physical custody determines who provides day-to-day care and supervision.

What are the benefits of legal custody?

There are several benefits of legal custody that impact parents or guardians and the children involved. Here are a few:

  • Legal custody enables parents to actively participate in major decision making, which promotes a sense of responsibility and nurtures the parent-child relationship.
  • Legal custody provides stability for the kids, ensuring that important decisions are made with their best interests at heart.
  • Legal custody enables both parents to have a say in their child’s life. This prompts a sense of shared responsibility and therefore, cooperation between the parents.

What are the key elements of a successful legal custody application?

Here are the top elements that make or break legal custody cases:

  • Make sure you demonstrate your ability to make responsible decisions on your child’s behalf. You can do this by proving your involvement in the child’s life, such as parent-teacher conferences or medical decisions.
  • Ensure you can provide a stable and nurturing environment for your kid. This can be showcased through documentation of a stable living arrangement and financial stability.
  • Present an argument about why legal custody is in the best interest of the child, by demonstrating the positive impact it will have on the kid’s well-being and future.

Can legal custody be modified in the future?

Yes, legal custody can be modified after court proceedings under certain circumstances. Family circumstances can change, and these changes can sometimes warrant modifications of the existing legal custody arrangement. 

To modify legal custody, parents or guardians need to file a petition with the court and provide evidence of changes in circumstances that impact the kid’s best interests.