Legal Question in Family Law in California
I share joint legal and joint physical custody with my ex. We bothe have primary physcial times that the kids are primarly with eather. How my ex feels that during his primary time he has the right to make all decisions dealing with our kids school,medical, and general day to day wellbeing. He also feel that their stepmom has legal rights to make decisions regarding school medical too even goimg as far as signing a power of attorney letter giving her permission to make school and medical decison of them. My question is do he have the right to do thoses things and do I have right to go to court and ask the judge to honor my legal rights?
1 Answer from Attorneys
Those decisions must be made jointly no matter where the children physically are, if you have true joint legal custody. If you cannot agree, you must go to court and let the court decide. The step mother has no rights and he cannot delegate them to her with a power of attorney. If he will not make the decisions jointly with you, you need to take him back to court.