Legal Custody
Definition
Legal custody is the authority to make major
decisions involving the Child(ren).
Such major decisions would include, among others,
the decision to allow the Child(ren) to enter the armed forces, the decision to marry
before the legal age, the decision to file a lawsuit, or accept a settlement of claims
involving the Child(ren), the decision to allow the Child(ren) to use birth control, including pregnancy termination, the decision to allow the children to obtain a driver’s
license or passport, the decision to allow the Child(ren) to obtain substantial
employment, the decision to authorize non-emergency medical or other treatment for
the Child(ren), the decision to involve the Child(ren) in counseling, religious decisions
affecting the Child(ren), major decisions involving the Child(ren)'s education, such as
choice of school, change in school, advancement or retention, choice of curriculum,
participation in extracurricular activities, and special education needs like tutoring,
decisions as to the management of any substantial monies received by the Child(ren),
decisions regarding major expenditures by or for the Child(ren), decisions involving
serious discipline problems of the Child(ren), decisions involving the receipt,
management and sale of real or personal property while a child is under eighteen (18)
years of age, and decisions involving a child's travel to any distance beyond the
jurisdiction of the United States for any period of time.
Legal Custody
Pick only one
Although Parent A is awarded sole legal custody, Parent B
shall have free and unrestricted access to all information pertaining to the Child(ren).
The Parent who does not have legal custody may independently contact any provider
serving the Child(ren) including education, health-related, extracurricular, etc. and
access any and all records or information. The Parent with legal custody shall have an
affirmative duty to inform the other Parent of any new providers working with the
Child(ren).
Although Parent B is awarded sole legal custody, Parent A
shall have free and unrestricted access to all information pertaining to the Child(ren).
The Parent who does not have legal custody may independently contact any provider
serving the Child(ren) including education, health-related, extracurricular, etc. and
access any and all records or information. The Parent with legal custody shall have an
affirmative duty to inform the other Parent of any new providers working with the
Child(ren).
Parents shall share joint legal custody of the Child(ren), provided
however, that if Parents cannot mutually agree on a legal custody decision for the
Child(ren), then shall have tie-breaking authority to make major decisions
about the Child(ren)'s education and extracurricular activities, after consulting with
and the Child(ren) and shall have tie-breaking authority to make
major decisions about the Child(ren)'s health care, language, and spirituality, after
consulting with and the child.
Legal Custody
Optional
Both Parents shall be listed as the initial emergency contacts for the Child(ren) for any
school, extracurricular activity or other event where an emergency contact is requested.
Parents shall seek the advice and be guided by subject matter experts
when making legal custody decisions on behalf of the Child(ren).
During the period when the Child(ren) is or are living with or in the care of a Parent, that Parent can make day-to-
day decisions about our child, for example about, doing homework, meals, visiting with
their friends, use of computer, etc.
In a health emergency for a Child, the Parent with care of the Child(ren) at that time will make the treatment
decision, on the advice of medical personnel. If a Parent makes an emergency health
decision for a Child, the Parent who has made the decision must immediately contact
the other Parent.
In the event of a Parent’s medical emergency, the other Parent shall assume the major
decision-making responsibilities for the Child(ren) until the situation becomes resolved.
In the event of the death of one Parent, the other Parent shall care for the Child(ren),
but the surviving Parent shall ensure that the Child(ren) has/have continued relations
with the relatives of the deceased Parent.
Parents shall disengage from one another and make decisions independently when the Child(ren) is in their care.