legal custody

Legal custody refers to a parent’s authority to make major decisions concerning a child’s upbringing, including matters related to healthcare, education, and religious training. Legal custody may be sole, where one parent has decision-making authority, or joint, where both parents share that authority. 

Courts determining custody arrangements apply the best interests of the child standard. In assessing a child’s well-being, courts may consider a range of factors; including, the child’s needs, the ability of each parent to meet those needs, the child’s relationship with parents and other family members, the stability of the child’s environment, and any history of domestic violence or abuse.

Compare: physical custody.

[Last reviewed in April of 2026 by the Wex Definitions Team]

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