Legal Question in Family Law in California
Physical Custody vs Legal Custody
My divorce agreement states that I have physical custody of my daughter (16&1/2 years old), but my ex-husband & I share ''legal'' custody. Recently I transported my daughter to attend a private boarding school in Mexico for 1 year, without my ex-husband's consent. If he is so inclined, would he legally be able to get her out of the school? She has lived with me & my new husband for the past 5 years, with my ex-husband paying very minimal amounts of child support, etc. Emotional support from my ex & visitation has also been very limited over those five years. Does he have a leg to stand on?
1 Answer from Attorneys
Re: Physical Custody vs Legal Custody
Yes he does, since he has joint legal custody he has the right to join you in decisions in your daughters life. You should get a consultation with an attorney who practices in the court that has jurisdiction over your case. What a judge might do will vary by the facts and the judge and you would need to know both well in order to give you any worthwhile advice. Good Luck, Pat McCrary
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