Legal custody may be joint, requiring consultation and agreement, or sole, vesting authority in one parent. It is distinct from physical custody governing where the child resides.
Many states presume joint legal custody is appropriate.
Alternative Names:
Decision-Making Authority|Legal Decision-Making
Why it Matters?
Joint legal custody requires functional communication, and awarding it to parents unable to cooperate produces recurring litigation over each decision, which is why courts examine the parents' demonstrated ability to communicate rather than defaulting to the presumption. Tie-breaking provisions assigning final authority in specified domains address deadlock without eliminating joint status. Medical and educational decisions are where disputes concentrate.
Frequently Confused with
Related terms
Frequently asked questions
What does joint legal custody require?
How is deadlock addressed?
