(801) 254-9450 Child custody is not only about determining where your child lives. The court can also decide who has the authority to make important decisions about your child’s upbringing. This decision-making authority is known as legal custody.
Legal custody may be an important issue in a divorce, paternity case, or other custody proceeding. You and your co-parent may agree to share this authority, or one parent may ask the court for sole legal custody. If you are seeking advice about legal child custody in Midway, the dedicated child custody attorneys at Carr | Woodall are here to help.
In Midway, legal child custody refers to a parent’s rights to make important decisions involving their child. It differs from physical custody, which concerns where the child lives and how much time the child spends in each parent’s care. Legal custody includes major decisions about a child’s life, including:
A custody order establishes how parents exercise this decision-making authority, and the parents should agree on who has what rights. If the parents cannot agree, the court will decide for them based on the best interest of the child standard.
In Midway, when the court awards legal custody of a minor child, the order typically assigns either joint or sole custody rights. Understanding the difference between joint and sole custody is important because it determines the extent of your parental rights.
Joint legal custody allows both parents to share responsibility for major decisions affecting their child. This arrangement generally requires parents to communicate about important issues and follow the decision-making process established in their parenting plan or custody order.
Sole legal custody allows one parent decision-making authority. Generally, that parent may make the major decisions stated in the custody order without obtaining the other parent’s permission. However, they may consider the other parent’s opinions.
The court may consider sole legal custody if sharing decision-making authority would not serve the child’s best interests. Serious communication problems, domestic violence, abuse, or other circumstances affecting a parent’s ability to participate safely and effectively in decisions can influence the court’s analysis.
If a custody case requires the court to decide the outcome, it will do so with the child’s best interests in mind. Some factors a judge will consider include:
The importance of each factor depends on the facts of the case. Whether you are seeking joint or sole custody of your child, an attorney serving clients in Midway can help you understand which factors could affect your legal situation.
Legal custody can affect your role in some of the most important decisions made during your child’s upbringing. Whether you are seeking joint legal custody, sole legal custody, or a modification of an existing arrangement, you should understand what the proposed custody order means for your parental rights. Reach out to Carr | Woodall today to schedule a consultation and learn more about legal child custody in Midway. Our attorneys can meet virtually or travel to meet with you if you are unable to attend a meeting at our office.