What is joint legal custody?
Joint legal custody is a form of custody which is available to parents in West Virginia. It means that both parents have an equal say in making major decisions about their child’s upbringing, including decisions about education, health care, religion, and extracurricular activities. In joint legal custody, both parents also have a legal right to access information about their child, including medical and school records. Joint legal custody is different from joint physical custody, which is when a child spends an equal or nearly equal amount of time with each parent. Although joint physical custody may be possible in some cases, it is not necessarily required in a joint legal custody arrangement. Joint legal custody may be awarded to both parents in West Virginia if it is in the best interests of the child and if both parents are willing to put aside any negative feelings they may have towards each other and cooperate in raising the child. If the parents are unable to agree on major decisions, then the court may decide to award sole legal custody to one parent, while still allowing the other parent reasonable visitation rights.
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