We hear this question at least once per month. “Can I get sole legal custody?” Or, stating the question differently, “Can I have the final say in the medical or educational decisions?” In high-conflict cases, it makes sense that one or both parents want to have more decision-making power than the other. Maybe it’s because they know more about the child’s school or doctors. Or maybe it’s because they’ve always been the parent responsible for setting up doctor’s appointments. The quick answer to this question is, it’s possible, but very unlikely.

Unless you have gone through child custody court, you may not be aware of the distinctions between legal and physical custody. When most people discuss child custody generally, they are referring to physical custody, which is where the child resides overnight. You might hear something like, “I have primary physical custody, and the other parent has every other weekend.” This is exactly as it sounds. One parent has the child overnight more than the other, so they have primary physical custody, and the other parent has partial physical custody.

When referring to legal custody, the court is evaluating the parents’ or guardians’ right to make major decisions on behalf of the children, including, but not limited to, medical, religious, and educational decisions. Legal custody also permits access to medical, dental, and school records and the residence address of the children of the other parent or guardian.

The judges here in Lancaster County PA and the surrounding areas treat very seriously a parent’s legal custody rights over their children. For that reason, it is very unlikely that one parent will be given the final say in decisions that involve legal custody.

Questions regarding child custody often involve the following:

1. What school should the child go to?
2. Should the child use a medication recommended by the doctor?
3. What clubs/sports should the child participate in?

As aggravating as the other parent might be, the hurdle you need to jump to remove another parent’s legal custody is so high that it’s not very common. The obvious cases that we see a parent losing legal custody are if they are in jail, have a serious drug or alcohol problem, or have physically or sexually abused the child.

This is not to say you are without recourse or options if your case is less serious. More frequently, we see parents who will cancel doctor’s appointments or hide information so the other parent can’t participate with decisions about the child. In these instances, it might be that we should explore filing for contempt to give the non-complying parent an incentive to cooperate. Either way, it’s best to explore your options when facing difficulties co-parenting.

If you are facing challenges with co-parenting and want to explore your options for custody, all of our child custody lawyers in Lancaster PA would be happy to assist. Please contact us so we can schedule an appointment to review your case.