Legal Child Custody

Legal child custody is the term applied to the ability a parent has to make important decisions on behalf of a minor child. Both parents may have legal custody of a child even if the child lives primarily with only one parent. Each parent has the right to make minor decisions for the child on their respective days. They must agree on major decisions such as schooling, non-emergency medical care, and whether or not to allow a minor to join the military, etc. Fathers who are absent or have shown a lack of interest in making decisions that are in the best interests of their children are less likely to retain their rights to legal custody. It may be up to the parent who has physical custody to make the case to a family court judge that the other parent should not have joint legal custody. Even in cases where visitation must be supervised for the safety of the child, courts do not always terminate legal custody rights of the parent in question.

Fast Facts

  • Even in states where same sex marriage is currently prohibited, some couples are gaining legal ground for retaining or obtaining child custody rights.
  • Maternal presumption for legal child custody became the norm in the U.S. in the 1920s.
  • In the 1960s, fathers began challenging the maternal custody presumption as divorce rates rapidly increased.

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  • Sole Legal Custody of a Child

    Courts prefer that both parents play a role in a child's life and together make important decisions impacting ...
    • By: Jason White
    • Site: childcustodylawfirms.com
    • 2 of 3 user(s) found this useful
  • Multiple Child Custody

      As long as adults have children and get divorced, there will always be situations where multiple children ar...
    • Site: childcustodylawfirms.com
  • Divorce and Child Custody Frequently Asked Questions A Legal Guidebook

    INTRODUCTION Divorce is both an emotional and a legal process. Your attorney will work closely with you to a...
    • Site: divorcenet.com
  • An Overview of Child Custody Law

    Following the separation of biological parents, the future of the offspring produced by the relationship is in...
    • Site: lawfirms.com
    • 9 of 14 user(s) found this useful
  • Joint Legal Custody

    The custody of a child after a divorce is a serious matter that a parent must deal with and it is important th...
    • Site: lawfirms.com
    • 5 of 8 user(s) found this useful

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