Hackensack Child Custody Lawyers
Learn the Nuances of Legal Custody
Legal custody concerns who is in charge of the decisions that concern the major issues of the parties’ child.
Such major issues can include:
- Educational issues, such as whether a child will repeat a grade or not
- Medical issues like whether a child will receive a surgical procedure
- Religious issues including what faith the children shall be raised in
- What surname the child will assume
- Any other myriad of issues
It is worth noting that minor, day-to-day issues (what movies a child is permitted to watch, what a child will wear to school, what a child will have for dinner) are overseen by the parent with whom the child is with when such decisions are made.
At Laterra & Hodge, LLC, our Hackensack divorce attorneys are well-versed in the law and can help guide you through your custody issues. Call us at (201) 580-2240.
Sole vs. Joint Legal Custody
Courts have two options when it comes to legal custody: they can award sole legal custody, or they may award joint legal custody.
If a party is awarded sole legal custody, that party has exclusive authority in the decision-making process, and need to seek the input of the other parent. Sole legal custody has become less common, and is usually reserved for those situations where the parties lack any ability to communicate, and where that lack of communication extends beyond the normal lack of communication that regularly accompanies the divorce process. Sole legal custody is frequently sought where there is a domestic violence final restraining order in place.
If a party is awarded joint legal custody, this means that the parties must consult and confer with one another prior to any major decision being made. Interestingly, even in a joint legal custody situation, all is not equal, as the parent of primary residence is given the final say (subject to the non-custodial parent filing a motion in an effort to convince the trial court that the custodial parent’s decision is clearly out of line).
At Laterra & Hodge, LLC, our family lawyers in Hackensack can pursue your legal custody rights, and provide you with great detail as to the potential ramifications from a particular award. Schedule a free consultation today.