How Does Legal Custody Work in CA?
Premier Santa Maria & San Luis Obpiso Custody Lawyer
Going through a divorce when a child is involved means there may be conflict
over how to make significant decision in the child’s life regarding
their education, healthcare, religious upbringing, and other issues. Legal
custody may be awarded to both parents, or only one depending on the circumstances.
If you are experiencing a child custody battle and need legal guidance,
look to our
divorce attorney in San Luis Obispo & Santa Maria to protect your rights at
Our firm works to provide clients with the critical advice and legal counsel
they need to proceed wisely in any divorce or custody battle. The
Law Offices of R. Morgan Holland, L.C. has been doing so for well 30+ years. We look out for our clients and
work towards a positive resolution of their case. We understand how difficult
a divorce can be and we offer impartial legal advice so you can make the
best decision for your unique situation.
What decisions am I responsible for if I have legal custody?
With legal custody, a parent or both parents have the right and responsibility
for determining important decisions pertaining to their child’ welfare.
Such decisions can include:
- Which school the child will attend
- Whether and which religious activities their child will engage in
- If the child should receive medical care except in emergencies
Whether joint or sole legal custody is awarded hinges on the
child’s best interest and especially whether the parents are able to regularly make such important
decision collaboratively. California desires both parents to have an influence
on the child in most cases and therefore tends to prefer
joint legal custody.
Sole versus Joint Legal Custody
When both parents can agree on decisions, courts usually award joint legal
custody. This is typically the case unless parents cannot make joint decisions,
one parent is deemed to be unfit to make decisions or is otherwise incapable.