Custody Issues in a Dissolution

Custody Issues in a Dissolution


joint legal custody

Essentially, joint legal custody refers to both parents having a say in major decisions regarding healthcare, education, etc..

Family Code 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.”

This means that the court decides in what situations or circumstances the parents must obtain the other’s consent before making a decision. These situations vary and are great in length but here are some examples when one parent must obtain the other parent’s consent:

1.       Psychological Examination

2.       Religions Decisions

3.       Major Medical Treatment

Family Code 3085 states, “In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.”

Read about Joint Physical Custody to learn more. (an idea to make that a link to your article)