When parents split or divorce, they often have questions regarding which parent will make the important decisions regarding their child’s life. Important decisions can include the child's health, education and religious upbringing. Generally, the parent’s ability and authority to make such important decisions will be determined by the type of “Legal Custody” they have. A parent with “Sole Legal Custody” will be able to make the important decisions about their child’s life with little to no input from the other parent. More often, parents split “Legal Custody” and have what is called “Joint Legal Custody.”

The Nevada Supreme Court has recently opined on “Legal Custody” and what is required of “Joint Legal Custodians” in a landmark case named Rivero v. Rivero, 216 P.3d 213, 221-222 (Nev. 2009).

“Joint Legal Custody” can exist regardless of the physical custody arrangements of the parties. “Physical Custody” refers to the parent’s actual physical possession of the child by Court Order and Physical Custody arrangements come in all shapes and sizes. For example, a parent who has the child every other weekend may not be a primary “Physical Custodian,” but if they have “Joint Legal Custody” each parent has equal say in the important decision in his or her child’s life.

“Joint Legal Custodians” must consult with each other about making the important decisions regarding the child's upbringing. While parents must consult on the important decisions in their child’s life, “Joint Legal Custody” does not mean parents have to consult on every little decision. Such a result would be unbearable, cause undue conflict and undermine the parent’s authority with their children. The parent with whom the child is residing at that time usually makes minor day-to-day decisions.

If parents who are “Joint Legal Custodians” cannot agree on an important decision regarding their child’s health, education and religion, they can request that the court resolve the dispute. Parents who are “Joint Legal Custodians” appear on equal footing in the eyes of the Court and the Court will resolve the impasse based upon the best interests of the child.

Parents must be aware that Joint Physical Custody requires cooperation, communication and compromise to act in the best interest of the child. Sometimes one or both parents are either unwilling or incapable of cooperating and compromising in the important decisions in the child’s life. If the Court finds that the parties cannot co-parent for the best interest of the child, the Court can decide that one parent should have decision making powers in all or some of the important “Legal Custody” decisions. For example, the Court might find that one parent gets to make the decision about where the child goes to school or the healthcare the child receives. Thus, it is important for each parent to focus on the best interest of their child and leave any animosity or pettiness out of the equation when deciding “Legal Custody” issues.

LOGAR PULVER regularly advises people on these custodial rights and obligations.

Disclaimer: This website and the articles and content thereon are for general informational purposes only and do not constitute legal advice. Every case varies greatly and one should consult a knowledgeable family law attorney regarding one’s rights and obligations. No attorney client relationship may be established as a result of reading or reviewing this article or any information on this website. If you would like to consult with Logar Pulver please contact us.