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. 

My ex has a new girlfriend and I don't want my kid to meet them, how do I handle that?

Recently separated and divorced families often struggle with the issue of a new significant other.  

Experienced Bay Area family law attorneys recommend to clients to work out a plan prior a conflict.  Here is some sample language to help smooth out the process: "neither parent will introduce our child to new significant others without prior notice of at least a week to the other parent. Both parents agree that they shall create a plan to determine (1) when our child will be introduced to new significant other, (2) where our child will be introduced (a park or restaurant can be easier), and (3) an appropriate time period in which our child can adjust prior to the new significant other sleeping over. 

Examples of Child Custody Schedules

Experienced Bay Area Family Law Attorneys will tell clients about the variety of custody schedules that can best suit your child. One schedule that I like is the 2-2-5-5 schedule.  Here are some advantages and disadvantages of that schedule. 

Advantages

•       Great for children under age 5 who have equally good attachment to both parents.

•       Okay for temperamentally even-keeled children between ages of 5 to 12.

•       Regularly recurring and consistent plan.

Disadvantages

•       Particularly for children under age 5, this plan may require the child to be away from the more involved parent for 5 days at a time.

•       If there is already a lot of conflict, the transitions between parents’ households are stressful particularly for immature children.

Is Spanking Considered Child Abuse in California?

Experienced California Family Law Attorneys will advise their clients about what constitutes abuse in a custody dispute.  I recently looked into whether spanking of a elementary aged child by parent of opposite gender could be a basis for diminishing custodial time, or joint legal custody. 

The answer is surprising, and it's No - spanking is not abuse.  Under California Welfare and Institutions Code Section 300(a), reasonable and age appropriate spanking where there is no evidence of physical injury does not constitute abuse.  This also includes harsh words.

If you are surprised, so was I. There have been several legal attempts to change this provision of the Welfare and Institutions Code, however, none have been successful.  Gordon Family Law advocates for co-parenting relationships without violence, and if you are concerned about your co-parent's behavior, please reach out to a mental health professional first to assess the situation.