Are you someone who has gone through or is going through a divorce in California? Do you know your rights? You’ll be amazed at the number of times couples going through a divorce can violate and step on each other’s legal custody rights and even more surprised at the fact that the parent whose rights are being violated is unaware of those rights.
What does Joint Legal Custody Mean?
Instead of giving you a long, technical lawyer-like definition of the joint legal custody, we’ll explain it you in simple terms. Joint legal custody generally means that both parents must jointly make the decision with regard to the health, education, welfare and well being of the child.
The key word to look at in this regard is the word “joint”. The word indicates that there needs to be a consultation between the parents in this regard and that neither of the parents can supersede the other in making decisions about such issues without the other’s consultation.
So you have to run every day to day decision by your ex-spouse? No, that is not the case at all. The simple day to day decisions are at the discretion of the parent who has the custody of the child at that particular time. For all major decisions though, such as where to study, what doctor to do to and how best to choose a religion and which one, these are all issues that need to be discussed at length between the two spouses.
Orange County family law rights
Here is a list of a few rights that have been outlined for each parent taking part in joint legal custody after their Orange County divorce to follow.
- As previously mentioned, education, health and day care decisions will be made by consultation between the two spouses.
- Emergency medical or dental treatment requires no prior consultation is on the discretion of the parent having the physical custody at the time.
- Both of the spouses will have complete access to the child’s records such as; educational, medical, and dental, etc. Irrespective of whether the parent is custodial or not.
- Prior to any scheduled medical, dental or hospital visit the custodial parent shall keep the other parent informed. The information needs to be given considerably in advance and not on the day of the visit.
- It is the responsibility of each parent to remain in contact with other regarding the child and all the other major decisions in their life, irrespective of the bitterness in their Orange County divorce.
- Each parent will keep the other aware of the parent’s current business address, current address, telephone number and the name and address of the child’s day care, etc.
- Neither Parent will enroll the child for any medical, mental or physical exercise, evaluation etc. without the approval of the other parent.
- Neither Parent will allow the child to take part in any activity that requires consent from the other parent without their consent.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.