What is legal custody?

"Legal custody" is the ability of a parent to make decisions regarding the health, safety and welfare of a child.  

As a Bay Area family law attorney, I often see legal custody issues in educational issues - such as where a child attends school and his or her IEP plan.  Legal custody can also impact the types of vaccines given to your child.  

Additionally, parents with joint legal or physical custody who are high conflict may wish to document all interactions for future reference.   

Learn more about child custody and visitation by clicking on the categories below. 

How do I stop child support or get visitation rights on a child I’ve never seen and mother refuses to allow me?

Bay Area Family Law attorneys will tell clients that unfortunately, whether or not you get visitation and contact with your child and child support are unrelated.  You will need to pay child support until your child is 18. If your co-parent is not cooperating in terms of visitation, you may need to file in court for an enforcement order. 

Learn about Contempt and how to file for contempt

Learn more about Child Support and Child Custody by clicking the categories below. 

What happens if I pay my child's uninsured health care costs?

Experienced Bay Area Family Law attorneys will tell clients that if they want to receive reimbursement that under California Family Code § 4063 (b) a parent who accrues or pays a child's uninsured health care costs must provide the other parent with an itemized statement of those costs within a reasonable time, not to exceed 30 days.

I have a Restraining Order hearing in front of a Commissioner, do I have to consent?

No.  In a recent appellate court case in California, the Court held that a restraining order is void if either party does not consent to a commissioner presiding over the hearing. California appellate courts have reversed and voided actions taken by commissioners where no stipulation appeared on the record.  

See Michaels v. Turk

What law governs prenup agreements?

Experienced Bay Area Family Law attorneys will tell clients that premarital and preregistration agreements are recognized under California law (Fam C §1500) and are governed by the Uniform Premarital Agreement Act (Fam C §§1600–1617) (the Act), except to the extent California has modified the terms of the Act, and by Fam C §§1500–1503 (addressing both premarital and other marital property agreements). 

A premarital or preregistration agreement is defined as an agreement between prospective spouses or domestic partners made in contemplation of marriage or registration, to be effective on marriage or registration. Fam C §§1610(a), 1613. A premarital or preregistration agreement must be in writing and signed by both parties. It is enforceable without consideration. Fam C §1611. It may be amended or revoked after marriage or registration only by a written agreement signed by both parties. Fam C §1614.

 

Learn more about prenups here.