Legal Custody = Decision-making
Legal custody is commonly shared between parents. Legal custody gives parents the authority
to make major decisions concerning the child. In Georgia, the most common form
of legal custody is joint legal custody. This
means both parties have equal access to information for the child (medical
records, academic information, ability to attend meetings and contact teachers
and doctors, etc.), and have the right to be involved and consulted in major
decisions for the child.
However, even with
joint legal custody, 'final decision-making authority' is assigned to a parent
for situations where the parties cannot come to an agreement. Having final
decision-making authority for a category of decisions means that, after
attempting to discuss a decision with the other party and not being able to
come to an agreement, the party with final decision-making authority has the
'final say' on what decision will be made on that issue.
The 4 Types of Legal Custody
There are four primary areas of legal custody: Education, Non-Emergency Medical Care, Extracurricular Activities, and Religious Upbringing. No matter the arrangement of physical custody, the court has the discretion to grant one parent sole decision-making authority in some areas and grant equal authority in other areas.
For example: John and Jane were married with one child. Jane was a
stay-at-home mom and cared for the child every day. Jane attended church
sometimes but does not consider herself religious. John was very active in his
faith and took the child to church every week. In John and Jane's divorce, the
judge awarded joint physical custody to John and Jane with Jane having primary
custody. The judge also awarded joint legal custody with John having
decision-making authority in the area of religious upbringing.
Because every family
and every child is different, it is important to keep in mind what works for
your family and what is best for your child. The standard for determining legal
custody of your child(ren) is what is in the best interest of the child(ren). Should you have any questions concerning legal custody in your case, contact us to schedule a free case evaluation with one of our attorneys.
Written by: Savannah Lane Orange