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What to Know About Legal Custody


If you have recently gotten divorced, you may be on a journey to determine who gets custody of your children. In addition to physical custody, there may be a question as to who gets legal custody of a child. Take a closer look at the criteria to obtain sole custody of a child in Colorado and see if it is in your best interest to pursue it.

Parents Typically Share Legal Custody

Obtaining legal custody of a child means that you are entitled to make decisions on his or her behalf. It is not uncommon for parents to share legal custody even if you are granted sole physical custody. This is because the law prefers that both parents have a say in how their children are raised, assuming that both are willing to take an active role in a child’s life.

Potential Benefits of Sole Legal Custody

One of the primary benefits of obtaining sole legal custody is that important decisions can be made in a timely manner. Furthermore, when a single person is making the majority of the decisions for a child, they are made on a more consistent basis. Ultimately, the child knows what to expect when it comes to how he or she will be raised.

Child’s Best Interests

A judge will need to be sure that awarding sole legal custody is in the best interests of your child. Generally speaking, you can’t seek sole custody simply because you want to cut the other parent out of a child’s life. Sole custody will typically only be granted when the other parent is not available to provide input into how a child will be educated or treated at a hospital.

Parents who are seeking exclusive child custody rights may want to work with an attorney to help meet their goal. Legal counsel might use witness testimony or other evidence to show that doing so would be in a child’s best interest.

At Litvak, Litvak, Mehrtens and Carlton, P.C., we’re experienced Denver child custody lawyers who have the child’s best interest at heart. For more information, call us at 303-951-4506.

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