What is sole legal custody?

By | October 9, 2010

“Sole legal custody” is defined in California Family Code section 3006 as follows:  “‘Sole legal custody’ means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.”

In other words, “sole legal custody” empowers one parent to make any and all decisions about a child’s upbringing without consulting the other parent. Such decisions may include what religion the child will be raised in, what school the child will attend, and whether the child will get braces, etc.  The categories of “health, education, and welfare” are quite broad.