Should Little Johnny Play Football or Take Piano Lessons? Allocating Legal Custody

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All custody orders in cases between parents must allocate custody rights and responsibilities in a way that meets the best interest of the child. GS 50-13.2. “Custody” is a term that is not well-defined in North Carolina law but clearly refers to both physical care and control of a child as well as to the authority to make decisions regarding the child. Physical care and control is referred to as physical custody while decision-making authority is referred to as legal custody. GS 50-13.2(a) requires the court to consider “joint custody” whenever requested by a parent. What does joint legal custody mean? What can a court do when the parents simply cannot agree on whether little Johnny will play football or take piano?

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