Legal Question in Family Law in California
Legal rights to child's income/business in divorce/custody
I'm going through a custody battle. At this point I have 50% legal custody and that is all that has been decided. My child is in CA working and has her own income. The mother spends the money on herself and has 'control' of it. She wants me to agree to have no say, input/control of their careers...does legal custody give me rights to this?
1 Answer from Attorneys
Re: Legal rights to child's income/business in divorce/custody
In what court is the custody matter filed?
In California, joint legal custody generally means the parties have joint say over parenting issues, however, where the parties cannot agree, the court can make an order that specifically states how the child's career and income is to be handled.
In addition, there are specific statutes that govern the contracts and income of a minor child. See Family Code Section 7500. et seq., and
If the child's income is the result of "artistic or creative" services, there are specific statutes for the handling of the minor's contracts and income.
For example, a certain percentage of the income must be placed in trust for the child. These are the Coogan rules named for child actor, Jackie Coogan, and are located at Family Code Part 3, Chapter 3, Sections 6750 et seq.
If the child has the maturity, the child can be emancipated and control his or her own income.
Suggest that you consult legal counsel in the appropriate jurisdiction to handle this matter. If the custody action is on file in California, and you need further assistance, you may call the office to arrange for prepaid services and telephone consultation.