Legal Custody

"Legal Custody" involves the decision-making authority regarding the minor child's health, education, welfare and upbringing. Typically, the parties to a divorce are awarded "joint legal custody" of their children, which means they are each entitled to make decisions regarding the children's health, education, welfare and upbringing. However, if one parent is incapable of taking care of, or making appropriate decisions for a child, the court has the power to award sole legal custody of the child to one parent, allowing that parent sole decision making power regarding the child.