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Legal Custody – Joint vs. Sole Custody The court will first decide legal custody, which controls decision-making authority between the parties as it relates to the child. In Louisiana, there is a strong presumption in favor of joint legal custody, which requires the parents to exchange information concerning the health, education, and welfare of the child, and to confer with one another in exercising decision-making authority. There is typically a “domiciliary parent” designated, who can make major decisions regarding the child when the parties cannot agree, after conferring with the “non-domiciliary” parent. Their decision will be presumed to be in the best interest of the child, subject to the “non-domiciliary” parent’s right to file a motion for the court to review that decision.