What is Legal Custody?
Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.
If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won't get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you -- which may harm the children. What's more, if you're represented by an attorney, it's sure to be expensive.
If you think you have circumstances that make it impossible to share joint legal custody (the other parent won't communicate with you about important matters or is abusive), you can go to court and ask for a change in custody so that you have sole legal custody. But, in many states, you will have to overcome a presumption that joint legal custody is preferable.
Copyright © 2005 Nolo
My ex-husband and I both reside in Ca now (about 2 hours apart) although we filed for divorce in Az. We have joint legal custody with me being deemed the primary residential parent. At the time the divorce was final I was living here in Ca and he was living in Az. Our parenting plan and visitation was based on us living in different states. Now I am contemplating a move out of state and want to know if that's in my right. I can still provide for the same parenting plan that was established before. Can he stop me from going or press charges for kid napping?