Legal Custody
Legal custody of a child is the right and obligation to make decisions about a child's upbringing, including schooling, dental care, and medical care. The California Family Code provides the general framework for custody and visitation rights for children and their parents. The courts make a decision based primarily on the health, safety, and welfare of the children. The best interests of the children are kept in mind when determining physical and legal custody, as well as visitation rights.
California's public policy ensures that children have frequent and continuing contact with both parents after separation or dissolution of marriage. Parents are actively encouraged to share child-rearing rights and responsibilities in order to affect this policy.
Joint legal custody means that the decision-making responsibilities are equally shared between the parents. If one parent excludes the other while in a joint legal custody situation, the courts can be brought in to enforce the original custody agreement. Breaking a joint legal custody agreement does not involve a fine or jail time, but is embarrassing for all involved and can only add to friction in a potentially acrimonious relationship, thus further harming the child.
Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have the fair and equitable resolution, while looking out for the best interests of the children. Call us at
Cases
In re Marriage of Burgess (1996) 13 C4th 25
Codes
