Monday, April 12, 2010

WHAT IS JOINT LEGAL CUSTODY?

Donald F. Conviser, Certified Family Law Specialist, of Warner Center Law Offices in Woodland Hills, serving divorce and family law clients in the courts of Los Angeles and Ventura Counties for 38 years, offering a free confidential consultation (call 818/880-8990), writes about an oft misunderstood concept: Joint Legal Custody.

Clients frequently ask me: What is joint legal custody? If I have joint legal custody, am I required to consult with the other parent of my child regarding activities I want to enroll my child in? Do I need the other parent's consent for me to enroll my child in those activities?

Family Code Section 3003 states: "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.

A look at Family Code Section 3083 and the Child Custody Orders in your case will assist in obtaining the answers.

Family Code Section 3083 states: In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court.

Only in those circumstances where the court order requires mutual consent for a decision or activity, is mutual consent required.

Where mutual consent is not required, you needn't consult with the other parent, and the other parent's consent to the activity or decision is not required.

However, where the order is unclear as to whether or not mutual consent is required, you are safer to discuss the activity with the other parent and seek consent, because the consequences of violation of a court order can include contempt of court or you may possibly risk an unfavorable modification of custody.

Your attorney could file an Order to Show Cause for clarification of the order, to get the order spelled out sufficiently so that you will know what you can and can't do without the other parent's consent.

Depending on the quality of your relationship with the other parent, and your ability to co-parent your child cooperatively with the other parent, it may be a good idea to meet and confer with the other parent from time to time to discuss issues that would best be resolved between the parties, instead of through adversary litigation and the Court.

But if your relationship with the other parent is not a relationship of trust or cooperation, there is a risk that what you propose could get pipelined to the other parent's attorney, so you need to evaluate the quality of your relationship with the other parent before you start sharing ideas which the other parent may be unwilling to accept.

Joint legal custody assumes that there is a spirit of cooperation between the parents. Where the Court opines that there is a lack of cooperation, the Court may well make a sole legal custody order, or the Court may give one party the ultimate decision making power. If you are seeking joint legal custody of your child, it is best to create a relationship of cooperation with the other parent.

1 comment:

Unknown said...

excellent post. Visitors to my site, www.thinkdivorceb4marriage, deal with these legal issues all the time. Family law is especially brutal on men.