Legal Custody


#1

Is there any such thing as LEGAL CUSTODY as opposed to Sole custody in NC. My stbx is seeking sole custody. I want to make sure that it is not the same a legal custody


#2

Legal custody relates to important decision-making regarding the child, typically related to health care and school issues. Physical custody is who will actually the child primarily live with. If your ex gets sole custody, you are left with no important decision-making abilities or rights to certain records about the child and visitation only.


#3

I am still not clear. My stbx has been granted PRIMARY legal and physical custody. Is this the same as SOLE legal custody ?
If that is the case, she can establish a passport for the child without my consent and even change names of the child. Am I correct?


#4

Look over your documentation again, I don’t think there is primary legal, its joint or sole. From my understanding you have to be a pretty bad parent to not get joint legal.


#5

Yes, you really need to read the documents. I have primary physical and legal custody, which means I can make any legal decisions for my children. I do not have to consult the NCP and do not need his consent for anything.

However, if there is any wording in your agreement/Order that states you must consult and or agree that further defines, then that is what you go by. I don’t believe many Orders define. The Courts like to think the two parties can agree on their own without the Court having to specifically define.

However, I don’t believe the CP can obtain a passport without your consent unless the Order specifically gives them the authority to do so. You may want to read further on this or perhaps the attorney can clarify this point.