Legal custody
- the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. This provision requires that a legal process involving the courts or other recognized government entity take place. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose. b. The legal custody requirement may be fulfilled either prior to or after the child’s adoption. If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custody requirement. However, if custody was not granted prior to the adoption, the adoption decree must be deemed to mark the commencement of legal custody. c.
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