Legal custody?

[Mamacass]

Right now I have an order that awarded me custody of my son and the mother very limited visitation (less than the standard for my area).  However, it in no way mentions legal custody.  I assume since it only lists visitation for the mother that there isn't joint legal custody at this time.

BM has appealed the courts decision, and now we are actually working through our attorneys to try to settle outside of court before the next trial.  She is not trying to get physical custody, just more visitation.  She sent an offer with her proposal for a new visitation schedule which includes giving her joint legal custody.

We have answered her proposal with our own modified version.  One of the things we disagree on, is the joint legal.  As our attorney explained it, joint legal means that we communicate about the child.  We all, my attorney included, had a good laugh over that because communication with the BM is extremely difficult at best and usually impossible.  

Now supposing that BM doesn't agree, and this goes to court, can you help me understand the joint legal thing better?

1. Since the current order doesn't list legal custody at all, does that mean I currently have full physical and legal custody?

2. Do we have to agree on everything if we have joint legal custody?  I'm not sure I fully understand what joint legal means, perhaps you can give a short explanation?  

3. What would some reasons be that a court would deny joint legal custody?  

[socrateaser]

>1. Since the current order doesn't list legal custody at all,
>does that mean I currently have full physical and legal
>custody?

Yes.

>
>2. Do we have to agree on everything if we have joint legal
>custody?  I'm not sure I fully understand what joint legal
>means, perhaps you can give a short explanation?  

No. Joint legal means that each party has 100% authority to make major decisions re the child's health, education and welfare. A major decision is one which is not day-to-day. Example: whether to attend public or private school is a major decision. Whether to attend school tomorrow is a day-to-day (physical custody) decision.

Getting a routine dental exam is a physical custody decision; getting braces is a legal custody decision.

In practice joint legal custody means that, if the two parents can't agree, then the physical custodian will win, because that parent will have the last opportunity to decide, due to the far greater parenting time. So, it's usually up to the non-custodial parent to complain to the court if the parties can't agree on a major decision.

>
>3. What would some reasons be that a court would deny joint
>legal custody?  

Extreme hostility between parents, recognized physical/emotional abuse by a parent, etc.