One of the biggest challenges parents face when deciding to end their marriage is what will happen to the children in the relationship. Most parents understand that they will have to decide on living arrangements and visiting hours for the children, assigning a time share to each parent. Physical custody of children can be difficult to agree on, but with the help of an experienced mediator, parents can discuss what situation is best for the children and who should be the primary caregiver. Physical custody can be sole (when the children live with one parent all the time) or joint when the children spend any time with the non-custodial parent. That said, most parents don’t realize that in addition to assigning physical custody responsibilities, they must also decide and agree on how to share legal custody of their children.
Parents who have legal custody of their children can make many important decisions regarding the lives of their children, including the choice of schools, child care providers, doctors, dentists, orthodontists, psychologists or other health professionals, affiliations and religious activities, extracurricular activities, sports registration, summer camps, etc. Like physical custody, legal custody can be exclusive or joint. In many cases, California courts favor joint legal custody as they consider it to be in the best interest of children, and they encourage parents to make these kinds of legal decisions together, even if the parents do not share joint physical custody of their children. children. While joint legal custody arrangements mean that shared decisions about children’s health, education, and well-being are best for them, they are not always easy to practice on a daily basis as, by their very nature, they require a great cooperation and compromise. between parents. Sometimes parents will face challenges as their lives evolve after divorce. For example, if one parent decides to move to a different school district and gives the children the opportunity to attend better schools, the other parent must agree to the new school options before the move occurs. While parents do not have to agree to all decisions, ongoing conflict or friction may lead a parent to return to court and request that a family court judge rule on specific legal matters. . Sometimes a judge may decide to assign some legal decisions to a single parent, while both parents share the same responsibilities for other legal decisions. For example, such an individualized legal custody arrangement may work better when it comes to making healthcare decisions for children if a parent has more time available to research and decide on the most appropriate healthcare or dental providers. and it will be the one. take the kids to these regular appointments.
While most parents focus on how to share physical custody, they tend to neglect the implications of legal custody of a child. During the divorce mediation process, the mediator will review the legal implications of joint legal custody to ensure that parents understand their responsibilities regarding their children’s education, health care, after-school hours, and religious upbringing. . The divorce mediator will help parents identify any areas of potential conflict that may occur after divorce so that when they reach an agreement, parents feel comfortable sharing important decisions about their children’s lives.