Legal Question in Family Law in California
I am the mother. My court order states, In excercising sole legal custody, MOTHER, shall have the exclusive right and responsibility,except as otherwise defined herein, to make all decisions related to the health, education and overall general welfare of the minor child.
What does the clause, except as other wise defined herein, mean?
Does it mean the father can make decision regarding health,education, and overall welfare of the minor child?
Does it only mean that he can make these decision when the father has the child for vistation?
2 Answers from Attorneys
It means that you need to look at the rest of the order to see if it specifically gives the father rights to make any decisions. You would normally expect to find a clause similar to "either parent may authorize emergency medical treatment for the minor child in the event of a medical emergency" This is an example of something that would fall within the "except as otherwise defined herein" exception. But, if the order doesn't give him the right to make a decision - it doesn't matter whether the child is with him or not.
It means that the father has NO power to make decisions, except if someplace else in the order it says he does. It says that you have full power, unless something else in the order says he has power for decisions under specific conditions.
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