Legal Question in Family Law in California
Legal Custody
I would like to know exactly what legal custody entails. My husband has not seen our 5 year old son for 2 years and has never paid a penny of support. Now he is offering me 100% physical custody and joint legal custody, but I do not completely understand what that entails. Your help would be greatly appreciated.
2 Answers from Attorneys
Re: Legal Custody
100% physical custody is appropriate, since in fact the child lives with you.
Legal custody is a vague term even to attorneys. In general, it means the right to make
decisions concerning the child's upbringing. This may include religious training, choice of
schools (except the local public school, which is determined by physical custody), elective and non-
emergency medical care, etc. If you are granted physical custody, in effect you will make most of the
decisions, since unless otherwise stated in the court order, either parent acting alone may exercise
legal control of the child; for most decisions, you will be the parent who is there to make the decision.
Why aren't you getting child support?
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: Legal Custody
Full legal and physcial custody means the child lives with you, and you do not have to consult the father even on major decisions regarding the child. The father is still responsible for child support. If the father is offering full legal and physical custody, take it. Consult a family law attorney regarding the property documentation that you will need. Consult the District Attorney's support collection office regarding collection of any past due support.
Mark D. Gershenson
Mark D. Gershenson, Attorney at Law
400 South Farrell Drive, Suite B-203