Legal Question in Family Law in California

I have 50/50 joint physical and legal custody of my daughter. Can I ask the court to name me the "primary parent"? What rights will this give me? The court denied my request for sole legal. The mother will not compromise with me when decisions need to be made, she only wants what she wants. I'm assuming being "primary parent" will give me the right to make a decision if we can not agree and to use my address for school enrollment and obtaining health insurance.


Asked on 1/12/11, 3:32 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

50/50 is exactly that you share the custody and decision making of the child. Being labelled primary really has no big significant factor since you share joint custody. Sometimes if you have a higher visitaiton schedule then being labelled primary may help you to get a move away or to have the majority schedule when the true 50/50 does not work anymore in terms of visitation schedule. If you share joint custody you would both need to consult with each other to determine the decisions for the child.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 1/28/11, 1:42 pm


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