Definitions:

Legal Custody

Legal custody refers to a parent of divorce or separation having the right and responsibility to make decisions regarding the upbringing of their children. Legal custody also relates to the general well being of the child in the context of child custody and divorce. Legal custody is very different from physical custody. Therefore, it is important for the parent to distinguish between legal custody and physical custody prior to making a request for legal custody to know what legal custody fully entails.

For a legal definition of legal custody, you will want to consult an attorney in your area to learn about legal custody. Although this is not a legal definition of legal custody, in general, a parent with legal custody has legal authority to make decisions for his/her child on issues such as education, medical care, dental care, and religion.

There are typically two types of legal custody the court recognizes in the context of child custody and divorce:
(1) sole legal custody and
(2) joint legal custody.

In the context of custody disputes, parents are usually awarded joint legal custody unless one of the parents is deemed unfit, which would imply that it would not be in the best interest of the child for that parent to have legal custody.

Joint Legal Custody

Parents who have joint legal custody will share in the responsibility of making decisions and raising the child. An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a say in decisions affecting the child) joint physical custody (in which the child spends a significant amount of time with both parents) or, very rarely, both.

Sole Legal Custody

One parent can have sole legal custody or sole physical custody of a child. Courts generally won't hesitate to award sole physical custody to one parent if the other parent is deemed unfit, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect for example.

However, in most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role a divorced father plays in his children's lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the non custodial parent enjoys a generous visitation schedule. In that situation, the parents would make joint decisions about the child's upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights.

It's understandable that there may be animosity between you and your ex-spouse. But it's best not to seek sole custody unless the other parent causes direct harm to the children. Even then, courts may simply allow supervised visitation, while still ordering joint legal custody.