Sole Legal Custody: when only one parent holds the right to make legal decisions for the child regarding education, health care, religion, and his or her general welfare.

Joint Legal Custody: when both parents hold the right to make legal decisions for the child regarding education, health care, religion, and his or her general welfare, without either parent having superior rights. The most common form of joint legal custody designates one parent as having primary residential (i.e., physical) custody.

Currently, in most states, the courts will favor joint legal custody in situations where the parents have the ability to cooperate with one another in terms of making decisions that are in "the best interest of the child." Many divorcing parents do work very hard towards achieving this goal. Joint custody is definitely not for everyone and can only come about as a result of rational decision-making process focused on the past roles and future expectations of the parents.

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1. Legal Child Custody
   Legal custody means having the right to make decisions about the welfare of the children -- where they go to school, the religious upbringing, friends and routines. Courts generally prefer both parents have joint legal custody.
   Contributed on 6/27/2007 by: DivorceDex.com Staff

   Category: Child Custody  (Applicable in All States)

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