California Divorce: What is Legal Custody


by Steven Carlson - Date: 2007-01-09 - Word Count: 295 Share This!

Generally, there are two types of legal custody recognized by the courts, sole legal custody and joint legal custody. Typically, in child custody cases, the parents will share joint legal custody unless one parent is deemed unfit or if it is determined that he/she is incapable of making decisions regarding the upbringing and general welfare of his/her child or if it would be in the child's best interest for that parent to not have legal custody rights.

Joint Legal Custody
According to the California Family Code section 3003, "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." Joint legal custody is very common in California. However, the fact that the parents share joint legal custody does not mean the parents will necessarily share joint physical custody.

Sole Legal Custody
According to the California Family Code section 3006, "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." The fact that a parent has sole physical custody does not mean he/she will also have sole legal custody.

Whether you have a custody order that defines how legal custody is awarded or if there is no order regarding legal custody of the children, legal custody is an important legal term that you should become familiar with. Having a general knowledge and awareness of common legal terms, such as "legal custody," and with the help of an experienced family law attorney, you can have greater assurance that you are doing what is necessary to protect your parental rights, parental responsibilities, and your relationship with your children.

Copyright © 2007 Child Custody Coach

Related Tags: child, divorce, legal, rights, custody, joint, sole

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