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Inability to cooperate does not warrant a change in joint legal custody

Most cases today are resolved with both parents having what is known as joint legal custody of the children. According to state statute, joint legal custody means that the parents shall share the decision-making with regard to the children and are obligated to exchange information and to confer with one another in the exercise of decision-making rights, responsibilities and authority. Under joint legal custody, the parents are legally obligated to confer with one another in the exercise of decision-making rights, responsibilities and authority. One might think then that if the parents are unable to cooperate, they might be able to change the joint legal custody, but that is not the case. In the recent case of Butler V Butler, decided by the Court of Appeals on June 5, 2015, the court held that lack of cooperation does not warrant a reconsideration of legal custody. There must be a substantial adverse change in circumstances in the custodial parents household, adversely affecting the children, and requiring a change which is in the best interests of the children. BUTLER v. BUTLER, NO. 2015-CA-01558-COA