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My name is Jon D. Alexander, Esq. and I am an Orange County, California Divorce Attorney. This article is the fourth in a series outlining the divorce [url=http://www.tileproject.net]barbour sale[/url] process [url=http://www.mastercyid.it]moncler outlet[/url] in California. Please be aware that this article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship.
Under the California Family code the following are defined (found generally at fam. Code. 3000 et. Seq.): (1) Joint custody is equivalent to joint physical and joint legal custody both together; (2) Sole physical custody means the child resides and is supervised by one parent, and visited by the other; (3) Joint physical custody means each parent has significant times of physical custody. The important policy goal regarding joint physical [url=http://www.anepf.fr]doudoune moncler pas cher[/url] custody is frequent and continued [url=http://www.femmesexenue.fr]louboutin pas cher[/url] contact with both parents.
The authority to determine the rights of the children in [url=http://www.lotogame.fr/hollisterfrance.php]hollister pas cher[/url] Sole legal custody vs. joint legal custody is quite different. Where sole legal custody is awarded, one parent will decide the health, education and welfare rights ("HEW" rights) of the child. And where Joint legal custody is ordered both parents will decide the HEW rights.
Joint legal custody is explained in Family Code section 3083. In California, there is no preference between joint custody and sole custody. This decision is left to the judge's discretion. With Joint legal custody both parents can decide HEW rights but only to the extent that the decision does not violate a court order, or is inconsistent with the other parent's physical time with the child (unless permission has been authorized by the court).
The court will identify where the consent of both parents is mandatory. This will not change joint legal custody. This power is reserved to the court, but the default rule is that either parent can take an action without consulting with the other unless they violate a court order without permission from the court.
Joint legal custody is often ordered without joint [url=http://www.davidhabchy.com]barbour sale[/url] physical custody. To understand [url=http://www.lotogame.fr/hollisterfrance.php]hollister france[/url] and analyze how joint legal custody will work a pro/con chart can be drawn up to [url=http://www.tagverts.com/barbour.php]www.tagverts.com/barbour.php[/url] illustrate the situation. In the left column the category should be labeled "both must agree" and the right column should be labled "either may decide."
Be aware, however, that in joint legal custody, every decision (generally) is under the "either may decide" category. The parents can discuss which issues will, through a stipulation or court order, be placed in the "both must agree" category. Here are some examples of "both must agree": emancipation, discipline, dating, and other related issues.
Administering Joint Legal Custody and making it work boils down to one issue: whether the parents can get along well enough to reach mutually agreeable decisions. Joint legal custody isn't synonymous with "joint custody."
True joint custody is joint legal custody and joint physical custody. There can be [url=http://www.aretra.it]hogan outlet[/url] joint legal custody without joint physical custody. This means the joint legal custodian has the same rights and powers to decide the HEW rights just as the "physical custodial" parent.
Family Code Section 3011 outlines the factors to determine which parent will [url=http://www.marrakech-hotel.fr]hollister france[/url] be awarded legal custody rights. The phrase "best interests of the [url=http://www.fayatindia.com/giuseppe-zanotti.html]giuseppe zanotti pas cher[/url] child" [url=http://www.teatrodeoro.com/hollisterde.php]hollister deutschland[/url] is the court's general rule when awarding joint legal custody. In California a court can order joint legal custody [url=http://www.ttcarpets.co.uk]mulberry sale[/url] even if one party disagrees with it. In fact, the court has the power to award it even if both parties disagree
So, what does "best interests" mean in this custody context of section 3011? A few important factors have developed: (1) The Health and safety of the child. If there are risks to the child's health, safety and welfare under a contemplated custody order, the order won't be issued; (2) Any history of abuse by one parent or any other person seeking custody against the child or the other parent. Here the court may require considerable, independent supporting evidence. In fact, if abuse allegations are made, the court must make a ruling on the allegations if it orders joint legal custody. For example, if the court orders joint legal custody it must speak to the allegations and describe why and how it determined the submitted evidence of abuse was not convincing; (3) Amount of contact with each parent, "Frequent and continuing contact." This factor turns on the question "who is better able or most likely to share the child?" This is the most important and frequently used factor. Just like it sounds, courts will identify and determine which parent is [url=http://www.mxitcms.com/abercrombie/]abercrombie[/url] more likely to comply with court orders and share custody [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin[/url] in order to carry out the policy behind custody arrangements which is, of course, allowing children to spend time with both parents; (4) Substance Use and Abuse. Alcohol or other drug abuse by a parent will substantially prejudice their ability to obtain joint legal custody.
In my next article, I will explain how abuse figures into child custody proceedings and I will identify the primary family law code sections governing this subject. In the meantime, if you have any divorce or family law related questions please contact me at your convenience. You can reach me directly at my website linked below or you may email me Jon at oc-familylawyers.com.
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