When parents separate, one of the most difficult issues to resolve is child custody. Even when a couple is divorced, legal custody is something both parties will have to agree on. But what happens when there is no legal custody agreement in place? Who has custody of the child?

There is no easy answer to this question, as it depends on several factors. However, understanding the laws and processes in place can help to clarify the situation.

First, it is important to note that legal custody gives a parent the right to make decisions regarding their child’s welfare. This includes decisions about education, medical care, and religious upbringing. Physical custody, on the other hand, refers to where the child lives.

In the absence of a legal custody agreement, both parents have equal rights to make decisions for their child. However, if one parent has physical custody, they will have a greater say in day-to-day activities.

If the parents are unable to agree on custody arrangements, they may need to go to court. A judge will then decide what is in the best interest of the child. They will consider factors such as the child’s age, the relationship between the child and each parent, and the living situation of each parent.

It is important to note that in some cases, if a parent has not been involved in the child’s life for a certain period of time, they may lose their legal rights. This is known as abandonment.

If there is no legal custody agreement in place and a parent has concerns, they may want to consider consulting with a family law attorney. They can provide guidance on the legal options available and help to ensure the best outcome for the child.

In summary, if there is no legal custody agreement in place, both parents have equal rights to make decisions for their child. If they cannot come to an agreement, they may need to go to court to determine custody arrangements based on the best interest of the child. Seeking the advice of a family law attorney can help to ensure the right steps are taken.