Parenting & Best Interests
Child Custody Considerations
Types of Custody
Legal & Physical or Residential Custody
Legal Custody of the children is commonly viewed as the parent or parents – in the case of joint custody – with whom the decision-making authority rests.
It is generally agreed that when both parents are able to jointly communicate and solve
problems concerning the children’s health, education and welfare, or are likely to develop that ability following the distress of litigation and the passage of a little time – the so-called Beck Standard – it is in the children’s best interests that both parents remain equally active in decisions that go beyond the “day-to-day.” This is called “Joint Legal Custody.” If the parents are unlikely to develop the facility for joint decision-making, one parent should be assigned “Sole Legal Custody.”