Legal custody is awarded by the court.
Legal custody is the decision-making part of raising the child, along with the physical custody of the child. Any other factor considered by the court to be relevant to a particular child custody dispute Custody Disputes When there are custody disputes, the parents must be advised about joint custody. At the request of either parent, the court will consider an award of joint custody and shall state why it will or will not be considered. The court will determine if joint custody is in the best interest of the child, considering whether the parents will be able to cooperate and generally agree on important decisions affecting the welfare of the child. If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record that clear and convincing evidence affecting the welfare of the child dictates otherwise.