What is legal custody?

Before there is a court order, who has custody? What factors does a court consider in making a custody decision? Do mothers have an advantage in custody proceedings?

NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

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Question: What is legal custody?

Answer: Embraced within the meaning of “custody” are the concepts of “legal” and “physical” custody. Legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning a child’s life and welfare.

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