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Simple English definitions for legal terms
legal custody
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A quick definition of legal custody:
Legal custody means that a grown-up is responsible for making big decisions about a child's health, education, and religion. Sometimes one parent has this responsibility, and sometimes both parents share it. When deciding who should have legal custody, a court thinks about what is best for the child. They look at things like what the child wants, what the child needs, and how well the parent can take care of the child. They also think about things like whether there has been any violence or abuse in the family.
A more thorough explanation:
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.