Generally, there are two types of legal custody recognized by the courts, sole legal custody and joint legal custody. Typically, in child custody cases, the parents will share joint legal custody unless one parent is deemed unfit or if it is determined that he/she is incapable of making decisions regarding the upbringing and general welfare of his/her child or if it would be in the child's best interest for that parent to not have legal custody rights.
Joint Legal Custody
According to the California Family Code section 3003, "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." Joint legal custody is very common in California. However, the fact that the parents share joint legal custody does not mean the parents will necessarily share joint physical custody.
Sole Legal Custody
According to the California Family Code section 3006, "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." The fact that a parent has sole physical custody does not mean he/she will also have sole legal custody.
Whether you have a custody order that defines how legal custody is awarded or if there is no order regarding legal custody of the children, legal custody is an important legal term that you should become familiar with. Having a general knowledge and awareness of common legal terms such as "legal custody," "sole legal custody," and "joint legal custody," and with the help of an experienced family law attorney, you can have greater assurance that you are doing what is necessary to protect your parental rights, parental responsibilities, and your relationship with your children.
Copyright © 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
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