Custodia

Joint legal custody means both you and the other parent have full parental rights and responsibilities over your child. This also means both parents will need to discuss and participate in big decisions related to the wellbeing of your child, such as: 

1. the child’s primary residence; 
2. child care, education, and extracurricular activities; 
3. medical and dental care; 
4. religious upbringing;
5. the child’s use of motor vehicles; and 
6. any other responsibilities that the judge finds unique to a particular family or in the best interest of the child.¹ 

The judge can order joint legal custody after considering the desires of the parents and deciding it is in the best interest of your child. As part of the order, the judge could divide “ultimate decision-making power” between the parents or give it to just one of you.¹ Ultimate decision-making power means that if parents cannot agree on a particular issue, one of you will be able to have the final say on that matter.

If joint legal custody is awarded, it is expected that both parents have to foster the other parent’s relationship with the child.²

¹ SDCL § 25-5-7.1
² SDCL § 25-5-7.6