Legal Question in Family Law in California

Question re child Legal Custody

We are doing an amicable non-contested divorce.

Question regarding legal custody of child (age 7):

a) In most circumstances, does legal custody go to the woman?

b) How important/unimportant is it to have legal custody?

Thank you!


Asked on 1/24/07, 3:58 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Question re child Legal Custody

With rare exception legal custody is joint. A child sharing plan should be arranged where both parents spend substantial time with the child. For a seven year old a good plan is that the parent who is not primary would have the child alternate weekends from Friday after school until return to school on Monday morning and one evening per week, generally overnight. However, there are almost as many plans as their are parents who are separating. Good Luck, Pat McCrary

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Answered on 1/25/07, 11:03 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Question re child Legal Custody

In a general sense, legal custody is the relationship that exists between parent and child, and it should be awarded jointly to both parents. Physical custpdy is where the children reside and when they spend time with each parent.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/24/07, 5:51 pm
Joshua Hale Hale Law Group

Re: Question re child Legal Custody

Legal custody generally goes to both parents. It is very important to have legal custody, as all major life choices are made by the parent or parents with legal custody.

If you want an attorney that is local to you to help you with this issue, I am in San Diego, and deal with Family Law Issues every day.

Joshua Hale

619.866.3535

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Answered on 1/24/07, 8:18 pm


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