If the children are of an appropriate age to be consulted, their wishes are important as well. Any given case may present a variety of other factors which are necessary to a proper judicial determination of custody. In an uncontested situation, the parents should consider the same factors in reaching custody decisions. Joint legal custody is a legal doctrine which affirms in both of a child's parents the right to remain involved in the important decisions concerning their child's health, education, and welfare. An award of joint legal custody should serve to reassure a noncustodial parent that he or she will remain as an important presence in the child's life.
Many states presume that joint legal custody is in the child's best interest.
In those states, the court must award joint legal or make a specific finding that joint legal custody would be detrimental to the child. A denial of joint legal custody might be based on a finding that spousal or child abuse has occurred or on a finding that the parties have such extreme communication problems that they can not work together for the benefit of their children. Joint legal custody does not mean that a child will share his or her time equally between the parents. Physical custody is exactly what it sounds like. A child resides with his or her physical custodian.