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.