Legal Question in Family Law in California

I lost joint legal custody in June of 2003. I filed again in May of 2008 for Joint legal and shared transportation, I was denied for JLC for non sufficient evidence and no on shared transportation but granted to have health and school records. I filed again in Sept of 2010 I filed for JLC and shared transportation. In mediation the mother said no to JLC but it was okay for me to still have access to health and school records and the mediator asked her why is that ur doing all the taking and the father is doing all the giving. I (the father) was told to pick up the notes on the 16th so I did and her recommendations said the parents have JLC and the mother to meet halfway on sundays. On court day the judge denied me JLC but that I have a good case when the mother and I responded back and forth. I was again denied for shared transportation bc she has no license. Im confused on why I was denied for JLC and shared transportation bc the mediator told the mother abt public transportation. Pls help im confused.


Asked on 9/22/10, 5:45 pm

1 Answer from Attorneys

Steven Hertz Hertz Steven H.

Join legal Custody is a basic right of both parents. The only reason to deny it is if someone is making bad decisions that affect the legal direction and decisions about the minor. People usually only lose this if they have been a flight risk or doing something really bad or risking the children safety. Your question doesn't give enough data to answer. What age are the children, what visitation schedule do you have, what resulted in mother having full legal custody, what court are in in (I cringe when I say this but it is true), who is your judge (same cringing)? Where the mother doesn't have a license, you have to put her lack of license at issue. How is it in the best interests of the children to give primary and full custody to a parent who can't even drive? Is her lack of driving crippling to the children's development; can't take to soccer games; can't respond if there's an emergency? Is this the result of a DUI, or is she holding out knowing it makes you have to do all the driving? Request an adjustment of the support level based on the amount it costs to you do all the driving (divided by two). This can be outlined on page four of the Income and Expense Declaration. Hope this help's clear some of the confusion.

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Answered on 9/27/10, 6:59 pm


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