Definition

• Joint legal custody permits parents to make day-to-day decisions for a child when the child resides with the parent, while physical custody refers only to the place where the child resides. If parents cannot agree on major decisions involving education, health and religion, the court will either permit one parent to serve as the decision-maker or the court will allow a provision, such as mediation, to assist parents in making decisions.
  
  

Court Considerations

• According to a child custody case, Sharon Lee Brown v. Stacey Lee Brown, before ordering a joint legal custody agreement, a family court will consider the following: "The parents' commonality of beliefs concerning child-rearing, the parents' ability to function as a parental unit in making those decisions and the parents' willingness and ability to share the rights and responsibilities of raising children."
  
  

Best Interests of Child

• A family court will generally award joint legal custody when it's in the best interests of the child. The court will consider several factors when determining best interests of the child, including parent's ability to effectively communicate with one another and a parent's willingness to foster and encourage a relationship between the child and the other parent. Courts will generally not award joint custody when there is a history of neglect, abuse or violence. Instead, a family court will usually award sole legal and physical custody to one parent.
  
  

Joint Decisions

• Parents who are granted joint legal custody should make decisions together concerning the child's education and medical needs. For example, if a child needs a medical procedure, one parent should consult the other parent before agreeing to the procedure. Also, the parents should make joint educational decisions, such as choice of school and after-school programs.
  
  

Difficulties with Joint Custody

• Joint custody agreements may present several difficulties. Often, joint custody is not always practical because of differences in parent's schedules and time with the child, the potential for stress and disruption in a child's life and the expenses associated with the costs of maintaining a full-time life in two places for a child. Most importantly, parents cannot always communicate with each other, which may present the biggest problem with joint custody agreements.If there is a problem with a joint custody agreement, a parent can file a petition for a change of custody in a state court.