When two married people with children decide to get a divorce, they have to decide on how to share physical and legal custody of their children. Generally, the parties will share joint legal custody of the children. What exactly is joint legal custody? Family Code section 3003 stated as follows:
"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.
In general, it means that either parent has the right to make unilateral decisions regarding the children’s health, education and welfare. More specifically, California courts have listed the following legal custody provisions on form FL-341(e):
1. Enrollment in or leaving a particular private or public school or daycare center;
2. Participation in particular religious activities or institutions;
3. Beginning or ending of psychiatric, psychological or other mental health counseling or therapy;
4. Selection of a doctor, dentist or other health professional (except in emergency situations);
5. Participation in extracurricular activities; and
6. Out-of-country or out-of-state travel.
This list is not meant to be a comprehensive list of a parent’s joint legal custody rights. For more information regarding your rights a joint legal custody order, contact our office at 310-212-7109.
****The opinion above is not intended to be legal advice and absolutely does not create any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.****
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