How the Court Looks at Legal Custody

Legal custody is a major decision regarding the children on a day to day decision. There is a presumption that if the parties are married, that there be joint legal custody but that is not always the case. There are a lot of instances where parents that have joint legal custody have disputes about health-related issues; such as medication, therapy and school.  You can go to court to file a Modification or a Contempt depending on the circumstances. Sometimes you can ask the court to make the decision for you and some judges will make decision about what school the child should go to; or whether the child should be in therapy or take medication. However, it is becoming more common that the court might either change legal custody in general to one party, or order that that party have sole legal custody for the decision making regarding that one aspect, such as saying that one parent has sole legal custody to decide about medication or the school.  It depends on the court and the judge, but there are avenues that have to be addressed in court.  Again, it is better practice for the parents to try and work and resolve it on their own or even with a mediator or parenting coordinator.