Legal Definitions - legal custody

Legal custody is a type of custody that involves having a legal responsibility for a child and making important decisions about the child's health, education, and religious upbringing. There are two types of legal custody:

• Sole legal custody: This gives one parent the right to make all major decisions about the child's life.
• Joint legal custody: This gives both parents the right to make major decisions about the child's life together.

When deciding custody, the court considers what is in the best interest of the child. This includes factors such as:

• The child's needs, including physical, emotional, mental, and social needs
• The ability of each parent to meet those needs
• The relationship between the child and each parent, as well as siblings and other relatives
• Educational opportunities
• Any evidence of domestic violence, child abuse, or neglect
• The length of time the child has lived in a stable environment

For example, if a child has a medical condition that requires regular treatment, the parent with legal custody would be responsible for making decisions about the child's medical care. If the parents have joint legal custody, they would need to make those decisions together.