What is Legal Custody?
There are two types of custody in North Carolina: physical custody and legal custody. Physical custody directs the “physical care of and control over” the child. One North Carolina case defined legal custody as the “right and responsibility to make decisions with important and long-term implications for a child’s best interest and welfare.” This includes the child’s:- Health care
- Education
- Religious training
- Social interactions
Common Legal Custody Disputes Between Co-Parents
Anytime parents can’t agree on an important issue in their child’s care it may create a legal custody dispute. Some common legal custody disputes include:1. School Enrollment
Co-parents often disagree over where their children should go to school. If you can’t, be prepared to offer objective evidence about why the school you prefer is better than the alternative, not just what is most convenient for you.2. Special Education Plans (IEPs)
Parents of children with disabilities or special needs often find themselves at odds with teachers, school administrators, and each other. To the extent possible, co-parents should work together with their children’s medical providers to advocate for an individualized education plan (IEP) that meets their child's needs. However, if they disagree over a diagnosis or plan for their child’s education, they may file a motion in court to resolve the legal custody dispute.3. Vaccinations and Other Medical Treatments
Recently the issue of child vaccinations has taken center stage. The CDC and the FDA have now authorized the Pfizer COVID-19 vaccine for teens and kids ages 5-11. However, there is still significant resistance to the vaccine – for adults and children alike. Differing opinions about a vaccine, medication, or medical treatment can create a legal custody dispute. However, parents objecting to the vaccine on religious or philosophical grounds should be prepared – judges often rely on scientific evidence to determine what is in the best interests of the children under their jurisdiction.4. Baptisms & Bat / Bar Mitzvahs
Taking your child to church with their grandparents occasionally won’t create a legal custody dispute. However, if you and your co-parent disagree over your child’s religious education, or if your child is coming of age and ready to join the church, synagogue, or other religious community, that might. You should coordinate with your coparent to make sure everyone is involved in these big milestone events, especially when the issue is so personal to the child.5. Extracurricular Activities
North Carolina also includes social interactions among the list of legal custody disputes. This includes disagreements over a child’s extracurricular activities. The cost and time involved in these activities can make it hard for a parent with secondary custody to put their child’s social calendar before their own wishes. However, you should always honor your child’s best interests.What Doesn’t Count as a Legal Custody Issue
Not every decision about your child’s day-to-day activities rises to the level of a legal custody dispute. Whoever is the custodial parent in the moment will generally have authority over:- Over the counter medications
- Childcare providers
- Diet and nutrition
- Screen time
- Homework