When parents divorce, shared parental responsibility is the standard. State law encourages parents to share time with their children. Parents can work out their own arrangements where they share time with their children. If they can’t agree, then they can pursue a contested custody case.
Judges have the authority to order parents to split their parenting time with one another. They do so by awarding the parents joint physical custody. Family law judges can also award the spouses joint or sole legal custody depending on the circumstances.
What does shared legal custody mean for divorced or separated parents?
Parents have authority over their children.
Legal custody is the technical term for the authority to make decisions about minor children. Parents exercise their legal custody when they enroll their children at school or make decisions about their medical care. Parents who remain married or cohabitate tend to share legal custody by default and consult one another regularly about important decisions.
When parents who live separately share legal custody, they may have to communicate about major decisions and find ways to agree on the upbringing of their children. Both parents usually have the authority to make minor decisions during their own parenting time in a shared legal custody scenario.
If the parents face significant disputes about decisions for their children, they may sometimes need to go back to court. Judges can rule on individual matters or modify custody arrangements to grant more authority to one parent.
Understanding the rules that apply when parents share child custody can be beneficial for everyone in a family. Parents usually have to cooperate to make major decisions about their children, unless an extreme circumstance or mutual agreement indicates otherwise.