What is the difference between joint and sole legal custody?

Joint legal custody and sole legal custody are terms that refer to different types of parental decision-making in child custody proceedings. In New Hampshire, joint legal custody is the preferred form of child custody and is generally awarded unless the court finds that joint custody is not in the best interests of the child. Joint legal custody is when both parents jointly make major decisions regarding the child’s upbringing, such as medical care, schooling, and religion. Both parents must be in agreement on the major decisions and must both have access to the child’s medical, educational, and religious information. Joint legal custody allows both parents to participate in the decision-making process and to remain involved in their child’s life. Sole legal custody is when only one parent is given the legal authority to make decisions regarding the child’s upbringing. The custodial parent has the authority to make all major decisions, including medical care, schooling, and religion, without consulting the non-custodial parent. The non-custodial parent may still have visitation rights, but these visitation rights do not extend to making decisions regarding the child’s upbringing. In New Hampshire, courts favor joint legal custody whenever possible, but when either parent is found to be unfit or unable to participate in joint legal custody, the court may grant sole legal custody to one parent. While joint custody is the preferred form in New Hampshire, sole legal custody may be necessary in situations where the parents cannot agree on major decisions or where one parent is found to be unfit or unable to participate in joint custody.

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What is the difference between joint and sole legal custody?

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