Joint Legal Custody can be ordered only if the judge decides
it is in the best interests of the children. Joint Legal Custody means the
parents should mutually share in the important decisions regarding their
children, and many parents do that anyway.
Sometimes parents will share Joint Legal Custody, but
one parent will have sole or primary Physical Custody. In these situations, the
children live with the custodial parent, have visitation (or Parenting Time)
with the non-custodial parent, and the non-custodial parent pays child support.
These situations are not much different than cases where the parents do not
have any type of Joint Custody. The only difference is that the parents are
subject to a court order that requires them to jointly share in decisions affecting
their children. Both parents are required to consult with each other, but in
the event of a disagreement the parent who provides the primary residence gets
to make the decision.
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