Legal Custody – What you Can and Can Not Do

Published on Jul 14, 2019

When it comes to legal custody of children, there are some rules that need to be followed, and having proper knowledge of just what these rules are is an advantage one cannot afford to be without.

Deborah-Soleymani 1

According to Attorney Debbie Soleymani from the Law Offices of Donald P Schweitzer, joint custody, according to the family code in the State of California, means that both parents have the right and responsibility to raise the minor child and look after the health, education, and welfare of the youth.

Of course, there will always be decisions that need to be made concerning these issues. This is where the rub comes in for most parents sharing custody, because neither parent particularly likes when decisions are made without consultation. However, if the custody order handed down by the court does not specify which decisions require the approval of both parents, then either parent may act alone.

A good example of this is when a parent wants to move a child from one school to another. Some orders will require that both parents approve, before a move like this can be made. Orders can also require the approval of both parents before issuance of a passport for the minor child. Attorney Soleymani also says that the option to act alone does not give any parent the right to make decisions that will impede the other parent’s time with their child. In all cases, only the court can make decisions that will affect custodial time.

An example would be when one parent wishes to enroll the child in a sports program that will obstruct custodial time for the other parent. This decision cannot be made unilaterally, and will require either the consent of the parent whose custodial time will be impeded, or an order from the court granting this activity. In all cases, it is always good to have the written consent of the other parent before making any decisions which will show that both parents are cooperating, communicating, and have a good co-parenting situation that will be a positive for the minor child. This, in all likelihood, will reduce the amount of litigation needed to handle disputes.

For expert advice on this and other family law issues, it is always good to have an experienced, dedicated, and knowledgeable family law attorney working for you to ensure that you have the best advice when it comes to child custody issues and family law matters. The Law Offices of Donald P. Schweitzer can guide you down the right path and help make any custody issues you might have, better understood, so you can make good decisions when it comes to your family law case.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit

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