Legal Question in Family Law in California

Right of parents to make decisions for minor child

I would like to recieve a reference for a California state law or code that tells the rights or responsibilities of parents to make legal decisions on behalf of their children.

This is in order of giving up a foreign citizenship to maintain a US citizenship. Child is 16 and also requests this action. But the foreign court is looking for a California (due to home of record) law or code that allows the parents to make the legal decisions.

Any assistance will be greatly appreciated as soon as possible.

Thank you


Asked on 11/13/03, 2:06 pm

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Right of parents to make decisions for minor child

Family Code Section 3083 states as follows:

"In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court."

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/13/03, 2:13 pm


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