Legal Custody means the parent who has the responsibility of making decisions regarding the child such as education and healthcare. Generally, there are two types of legal custody: sole legal custody and joint legal custody. In child custody cases, the parents will typically share joint legal custody unless one parent is deemed unfit or if it is determined that he/she is incapable of making decisions regarding the upbringing and general welfare of the child, or if it would be in the child’s best interest for that parent to not have legal custody rights.

Joint Legal Custody

Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” Joint legal custody is very common in California. However, the fact that the parents share joint legal custody does not mean the parents will necessarily share joint physical custody.

Sole Legal Custody

Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” The fact that a parent has sole physical custody does not mean he/she will also have sole legal custody.