What does shared legal custody entail?

Most people think custody proceedings only involve deciding where a child resides and at what times. However, there is more to it than that. In litigated custody matters, the court must also define both parents’ authority and obligation to make significant decisions about their child’s upbringing, otherwise known as legal custody.

California law generally prefers when both parents are involved in a child’s upbringing. As such, regardless of whether you’re negotiating custody or if you’re navigating a contested custody situation, there are high chances you will share legal custody of your children, and it helps to understand your parental role and rights in such situations.

You and your co-parent must consult each other on key decisions

Shared legal custody means both parents have the right and responsibility to make important decisions about their child’s life. These decisions often revolve around crucial aspects of the child’s welfare, including education, healthcare and religious upbringing.

Therefore, your co-parent must consult you before making a major decision affecting your child’s life if you share legal custody unless it’s a medical emergency where quick intervention is needed. They can also expect the same kind of consideration from you. Shared legal custody also gives you the right to access the child’s records, such as medical and school records, and to be informed about significant events in their life (and vice versa).

Enforcing your custodial rights under shared legal custody

If your co-parent is not consulting you on major decisions or is not honoring your legal custody rights, you may take legal action to enforce these rights. Remember to document the incidents to ensure you have sufficient evidence to prove your claims. Seeking legal guidance to understand your rights and options can help you make informed decisions to protect your place in your child’s life.