Joint Legal Custody California Family Code9 min read

Joint legal custody is a term used in California family law to describe the situation where both parents have an equal say in decisions affecting their child, including decisions about the child’s education, medical care, and religious upbringing. Joint legal custody does not mean that the child must live with both parents. It simply means that both parents will have a say in the child’s life, regardless of where the child lives.

Joint legal custody is an arrangement that is favored by the courts in California. In order for joint legal custody to be granted, both parents must be in agreement about it. If one parent objects to joint legal custody, the courts will not automatically award it to the other parent. Instead, the courts will consider the best interests of the child and will make a determination based on that.

There are a few things that joint legal custody does not mean. It does not mean that the parents have to be in agreement about everything. It also does not mean that the parents have to be living together. If the parents are not living together, they will need to work out a parenting plan that sets out how they will make decisions about the child.

If you are considering requesting joint legal custody in California, it is important to understand the legal process and what the courts will look at when making a determination. An experienced family law attorney can help you understand your rights and can guide you through the process.

How far apart can parents live and still have 50/50 custody in California?

In California, it is possible for parents to have 50/50 custody even if they live a significant distance apart. In order to do so, the parents must both agree to the custody arrangement and submit a parenting plan to the court that outlines how they will be able to co-parent effectively despite the distance. If the court approves the parenting plan, then the parents will be granted 50/50 custody.

There are a few things that the parents must do in order to ensure that they can successfully co-parent from a distance. First, they must have a solid communication plan in place. This means that they should have a way to communicate with each other regularly, whether it be through text, email, or phone calls. They should also agree on how to handle disagreements and conflicts.

The parents must also be willing to work together to create a schedule that works for both of them. This may include sharing custody on specific holidays, alternating weekends, or arranging for Skype calls during the week. If the parents are not able to agree on a schedule, the court will step in and create one for them.

It is important to note that distance is not the only factor that the court will consider when deciding whether or not to grant 50/50 custody. The court will also look at the parents’ relationship with each other, their ability to co-parent, and the children’s best interests.

What is the most common joint custody arrangement?

When parents go through a divorce, custody of their children is often one of the most difficult issues to resolve. In the past, it was common for one parent to be awarded sole custody, while the other parent was granted visitation rights. However, in recent years, joint custody has become increasingly popular.

There are many different types of joint custody arrangements, but the most common is joint legal custody, which gives both parents the right to make decisions about their children’s welfare. Joint physical custody is less common, but it means that the children live with both parents equally.

There are many benefits to joint custody. It allows children to maintain strong relationships with both parents, and it also ensures that both parents are able to participate in their children’s lives. Joint custody can also be helpful for children who are dealing with the aftermath of a divorce.

There are also some potential drawbacks to joint custody. It can be difficult for parents who are no longer together to cooperate and make decisions together, and it can also be difficult for children who have to shuttle back and forth between two homes.

Despite these drawbacks, joint custody is becoming increasingly popular, and it is likely to continue to be the most common arrangement in the future.

What is the difference between joint custody and custody?

There is a lot of confusion surrounding the topic of joint custody and custody, so it’s important to understand the difference between the two. Joint custody is when both parents share custody of the child, while custody is when one parent is given sole custody of the child.

When it comes to joint custody, both parents share the responsibilities of raising the child and making decisions about their welfare. This can be a good arrangement for children who have two loving parents who are able to work together. However, it’s important to note that joint custody is not always possible, and it may not be the best option for all families.

Custody, on the other hand, is when one parent is given sole responsibility for the child. This can be a good arrangement for children who have one parent who is unable or unwilling to share custody. It’s important to note that custody does not have to be awarded to the mother – the father can be given custody, too.

Ultimately, the difference between joint custody and custody comes down to who makes decisions about the child and how much time the child spends with each parent. If you’re unsure which option is best for you and your family, it’s best to speak to an attorney who can help you make the right decision for your child.

Who has legal custody of a child in California?

Legal custody of a child in California refers to who has the authority to make decisions regarding the child’s welfare. In most cases, legal custody is shared between both parents. However, in some cases one parent may be awarded sole legal custody.

In California, legal custody is determined by a court order. The order will state who has the authority to make decisions regarding the child’s welfare, including decisions about education, healthcare, and religion. In most cases, both parents will be awarded legal custody. This means that both parents will share the responsibility for making decisions about the child’s welfare.

However, in some cases one parent may be awarded sole legal custody. This means that the parent will have the exclusive right to make decisions about the child’s welfare. The other parent will not have any authority to make decisions regarding the child’s welfare.

If you are considering seeking legal custody of your child, you should speak to a family law attorney. An attorney can help you understand your rights and can guide you through the process of seeking custody.

How far can a parent move with joint custody in California?

In California, parents with joint custody can move with their children within certain parameters. The parent who is relocating must provide written notice to the other parent specifying the new address and proposed move-away date. The other parent then has the opportunity to file a written objection to the move. If the parents cannot agree on whether or not to allow the relocation, the court will make the decision.

In order to approve a relocation, the court must find that the move is in the best interests of the child. The court will consider a variety of factors, including the distance of the move, the child’s age and stage of development, and the relationship between the child and each parent. If the court determines that the relocation is not in the child’s best interests, it will not be allowed to proceed.

If the parents have joint custody but only one parent is moving, the other parent must still provide written notice of the move and the proposed move-away date. However, the court is not required to approve the relocation if it determines that it is not in the child’s best interests.

If you are considering relocating with your child, it is important to speak with an experienced family law attorney to understand your rights and responsibilities.

Do I have to pay child maintenance if it’s 50 50 custody?

When parents have a 50/50 custody arrangement, there is often a lot of confusion about who is responsible for child maintenance. In this article, we will explore the issue in detail and provide some answers.

First of all, it is important to understand that child maintenance is not the same as child support. Child support is paid by the non-custodial parent to the custodial parent to help cover the child’s living expenses. Child maintenance, on the other hand, is paid by the parent with whom the child lives the majority of the time to the other parent.

So, who is responsible for child maintenance in a 50/50 custody arrangement? The answer depends on a number of factors, including the age of the child and the income of the parents. Generally speaking, the parent with the higher income will be responsible for paying child maintenance to the other parent.

However, there are some exceptions to this rule. If the parent with higher income is also the parent with whom the child spends the majority of their time, then the other parent will be responsible for maintenance. Additionally, if the child is over the age of 18, the parent with higher income will not be responsible for maintenance.

In short, the parent with higher income is usually responsible for paying child maintenance in a 50/50 custody arrangement, but there are a few exceptions. If you have any specific questions about this issue, please consult a family law attorney.

What are the disadvantages of joint custody?

There are a few key disadvantages of joint custody that should be considered before making the decision to go this route.

First and foremost, joint custody can be quite challenging to navigate, especially if the parents live far apart. In order for joint custody to work effectively, both parents need to be able to communicate and cooperate with each other, which is not always easy to do.

Joint custody can also be disruptive for children, particularly if they are used to living primarily with one parent. They may have to keep switching homes, schools, and friends, which can be very confusing and unsettling.

Another potential downside of joint custody is that it can be more difficult for the parents to make decisions jointly about the children. This can lead to a lot of conflict and disagreements, which is not good for the kids.

Ultimately, the decision to go with joint custody or not should be based on the specific situation and what is best for the children. There are definitely some pros and cons to consider before making a final decision.