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Legal Custody
Legal custody refers to a parent of divorce or separation having the right and responsibility to make decisions regarding the raising and general welfare of his/her child.
Legal custody is different than physical custody. A parent with legal custody
has legal authority to make decisions for his/her child's education, medical care, dental
care, and religion. There are two types of legal custody, sole legal custody and joint
legal custody. Typically, in child custody cases, the parents will be awarded joint
legal custody unless one parent is deemed unfit or it is determined that he/she is incapable of making decisions regarding the upbringing and general welfare of his/her
child.
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."
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."
More About Legal Custody
Whether you have a custody order that defines who has legal custody or
if there is no order that defines who has 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," 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.
To present your case to Southern California divorce attorneys, divorce lawyers, and child custody attorneys in your area now, click here >>
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