Published in Family Law on October 28, 2016
Custody has two parts: physical custody and legal custody. The term “physical custody” is the party of custody that parents most easily understand. Physical custody is concerned with the period of time which the child resides with or is under the care or supervision of a parent. The term “legal custody” is concerned with who has the decision-making rights, responsibilities and authority relating to the health, education and welfare of the child.
So, what is the difference between sole legal custody and joint legal custody? A parent having sole legal custody means that this parent has the sole decision-making rights, responsibilities and authority relating to the health, education and welfare of the child. Joint legal custody means that both parents share the decision-making rights, responsibilities and authority relating to the health, education and welfare of the child.
The public policy of the State of Missouri is that parents should share joint legal custody. However, the best interest of the child is the standard by which a court determines whether the parents will share joint legal custody. If joint legal custody is not in the child’s best interest, legal custody will not be shared. In determining whether joint legal custody is appropriate, the parties look at whether the parents are able to communicate and cooperate in making shared decisions regarding the welfare of the child. However, even when sole legal custody is awarded, the parent not having legal custody rights will in most circumstances be entitled to access to all records and information regarding the child, including medical, dental and school records.