Tag: California

Custody and Visitation Orders Part III: Legal Custody

Posted by Sharif Faust on
Yasaman Sharif, Esq.

by Yasaman Sharif || 22 May 2020 ||

This is the third in a series of posts relating to Child Custody and Visitation.  In our second post we explored what the term “best interest” means in a court’s order on custody and visitation.  Here we will discuss what Legal Custody means.  Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions.  The results in any case depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust.

Overview

In California, Legal custody deals with parents’ rights and responsibilities to make important decisions for their minor child. These important decisions relate to the child’s health, education, and welfare. Legal custody determines who makes important decisions about which school the child attends.  Legal custody also includes the selection of a doctor, dentist, or other health care professional.  It also includes the decision of when to begin and end health services.

 

Sole Custody or Joint Custody

Legal custody may be sole or joint.  If a court grants sole legal custody to one parent, that parent is solely suitable to make important life decisions for the minor child.  The Court will only grant sole custody if it finds that only one parent is suitable to make the important decisions.  But if the court finds that both parents are suitable to make these important decisions for their minor child, the parents will share joint legal custody. In a case of joint legal custody, the parents are required

to consult with each other about the minor child’s health, education, and welfare. The court expects them to make decisions together.

 

What the Court Considers

In deciding whether legal custody should be sole or joint, a court considers the best interest of the minor child. But if you want to change a “final” custody and visitation order that is already in place, the court will apply a different standard known as “a substantial change of circumstances.”  The term “substantial change of circumstances” will be discussed in a later posting.

 

More Questions?

In future posts, I’ll provide some more details on these and other areas of child custody and visitation. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions. If you wish to consult with Sharif | Faust, please contact us to set up a consultation. This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.

Child Custody and Visitation Orders: Part I

Posted by Sharif Faust on
Yasaman Sharif
Yasaman Sharif, Esq.

by Yasaman Sharif || 8 May 2020 ||

Are you a California parent seeking custody of your minor child? Do you want to spend more time with them?  Are you seeking visitation with your minor child? Are you unsure what all these new legal terms mean or how to ask for them?  This is the first of several posts that will help provide some information to these questions.  California family courts decide these questions in Custody and Visitation Orders.  Over the next several posts we will discuss some of the concepts that go into these decisions.

What are Custody and Visitation Orders

In the California family courts, there are two types of custody: legal custody and physical custody.  Early on in the case, the court will decide what is in the “best interest” of the minor child.  But, after making certain “final” orders, the court will only change an order if there is a “substantial change of circumstances.”  Further, when making custody and visitation orders the court may want to hear from:

  1. an attorney appointed to represent any minor children (known as “minor’s counsel”); or
  2. a qualified psychologist  to evaluate family members (known as “730 psychological expert”).

Further, whenever custody or visitation is at issue, the Family Court Services (“FCS”) is assigned by the court to assist.  FCS can make a recommendation or help the parents reach an agreement about custody and visitation issues.

Over this series of postings, we will be exploring all of these topics.

More Questions?

In future posts we’ll discuss this further. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions.  If you wish to consult with Sharif | Faust, please contact us to set up a consultation.  This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.