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Determination of a Child’s Legal Custody

When it comes to child custody, it is not just about determining which parent or guardian the child will live with or the amount of visitation awarded to the other parent. One of the most important things that will be decided in a divorce involving children is whether one, the other, or both spouses will have legal custody of the child. Legal custody is the right and responsibility of the parent to make decisions about the child regarding their upbringing. This includes decisions on what school they attend, what religion they observe, and which hospital they go to in the event that medical treatment is needed.

If you and your spouse have decided to divorce and have minor children, the San Diego child custody attorneys of Fischer & Van Thiel, LLP, are highly experienced and skilled divorce and family law attorneys who can provide committed and aggressive legal representation. Contact us by calling 858-935-6211 to discuss your case.

Definition of Legal Custody

The different types of custody in family law can be confusing. Some important things to keep in mind about legal custody include:

  1. Legal custody does not determine who the child lives with. Physical custody decides that, and it can be joint custody, sole custody with visiting rights, or sole custody without visitation.
  2. Legal custody gives the parent the right and obligation to make decisions that regard a child’s upbringing; things such as schooling, religion, and medical care.
  3. Most states award joint legal custody, which means each parent has equal influence over the issues and they both must work together to resolve disputes
  4. If one parent attempts to undermine the other parent’s legal custody rights in joint legal custody, they may be found in contempt of court and be forced to go through another custody battle

If you have been awarded joint legal custody, it is best to try to work together with your ex-spouse in order to avoid having to return to court to settle the issues once more.

Contact Us

If you and your spouse are separating and you have concerns about child custody, contact the San Marcos Child Custody Attorneys of Fischer & Van Thiel, LLP. We can help you understand your options and provide strong legal representation if necessary. Contact us at 858-935-6211 today.