Legal Question in Family Law in California

My ex wife wants sole legal custody of my our children, does that mean that they can be adpoted when she re-marries?


Asked on 12/29/10, 3:07 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Sole legal custody grants to one parent total control over the health, education and welfare decisions for the children. The California courts strongly support joint legal custody in order that both parents maintain an active role in decision making for their children. Sole legal custody does not grant to your ex wife a blanket right to request a step parent adoption. She would still have to get your consent to adopt if you have been seeing and supporting the children. I see no benefit to you or for that matter for your children if you give up your right to joint legal custody.

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Answered on 1/04/11, 12:39 pm


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