Legal Question in Family Law in California
I live in California and I have 75% physical custody of my daughter and share 50/50 legal with my ex wife. Is it possible to get more legal custody like 60/40 or is it strictly either sole or joint 50/50? I want to move to a different area within county limits but I need my ex wife's approval to change our daughters school. This among other things is the reason why I want more legal because my ex hasn't been a participating parent whatsoever nor does she express the want to be more involved since my daughter has been living with me for the past 8 years.
3 Answers from Attorneys
Legal custody is either shared or sole. You can, however, create a more detailed order that specifies certain decisions will be made solely by a particular parent, while others are joint. The other thing is that when parties can't agree in a joint custody situation, either one can get a court ruling on it.
a percentage of custody refers only to physical custody and goes to the issue of child support only, a factor in the calculation. Regardless of the order, it the two parents cannot agree then you will need to put the issue before a judge. Most of the time the school district will be the one in which the parent with most of the actual time with the child lives, however, such a move could result in a change of the timeshare. You should talk to an attorney before you make a decision.
Timothy and Patrick are both correct. With respect to Legal Custody, it is either joint or sole. If it is joint, then you both have an equal say so, unless the court order gives one party priority say so, over certain issues.
BARRY BESSER
www.besserlaw.com
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