Legal Question in Family Law in California

If you are still married, and there is no court orders in place, then yes both parents are presumed to have joint custody of the children. So either parent would have the ability to care and protect the child. You wouldn't need to give custody over, it's presumed that parents share the custody when needed.

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/