Legal Question in Family Law in California

Joint Physical Custody of a child -parents live far from each other

My X-husband lives 3 hours away and I have our 14 year-old daughter. He wants joint physical custody. What are the benefits of that and doesn't that make it to where if she gets hurt and needs an operation, that both of us need to sign for the operation before she get it?

Thank you


Asked on 11/20/00, 9:29 pm

1 Answer from Attorneys

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Re: Joint Physical Custody of a child -parents live far from each other

Joint physical custody implies she spends 50% of her time living with you and 50% with him. That seems impractical, given the distance. Is that really what's happening? Maybe he's really asking for joint legal custody, which means you'd both participate in making medical, educational, and "big issue" decisions together. I don't think that a doctor would give you a hard time for treating her for a common cold with joint legal custody, but maybe you'd need both signatures if she needed non-emergency surgery. Would your ex really withhold his consent for necessary surgery or medical treatment? Surely he would not, right? If he would withhold consent for treatment for reasons other than a legitimate medical treatment issue, I wouldn't suggest joint custody!

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Answered on 11/28/00, 11:56 am


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