How is legal custody determined?

Legal custody, which is one of two types of custody in California, determines who has the legal authority to make decisions for a child. Generally, the court will prefer to have the child’s parents come to an agreement about legal custody, allowing them to decide who will be in charge of making decisions on behalf of the child. If the parents cannot agree, the court will look at a variety of factors to make a decision about legal custody. These factors include the parents’ ability to work together, the child’s relationship with each parent, the child’s wishes, and the child’s educational, religious, and medical needs. In California, parents can have joint legal custody, meaning both parents are responsible for making decisions together. They can also have sole legal custody, which is when a single parent makes all major decisions for the child, such as education, religion, and healthcare. Ultimately, the court will consider what is in the best interest of the child when making a decision about legal custody, and has the power to modify custody arrangements as needed.

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