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.


Asked on 1/28/99, 1:14 am

2 Answers from Attorneys

Jed Somit Jed Somit, Attorney at Law

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


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Answered on 2/01/99, 3:38 pm
Mark D. Gershenson Mark D. Gershenson, Attorney at Law

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


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Answered on 2/07/99, 12:20 am


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