What is Legal Custody?

Edina, MN Family Law Attorney, Jane Van Valkenburg explains the term “legal custody.”

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Legal custody in Minnesota is considered to be joint unless the two parties can’t agree on major decisions or there’s been physical abuse. And the major decisions are education, health care, and religious upbringing. So, for example, education disputes are “I want to put the child in private school. You want to put the child in public school.” Medical decisions are often down to the child is diagnosed with ADHD: “I want him on medication. You disagree.” That’s often things. I was just in court and the court said every year he gets a family in about the flu shot. One says no. One says yes. So those are the kinds of things that get into legal custody. But it’s usually considered to be joint.

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