California Family Law Attorney

Circumstances Where Joint Consent of Parents Required: Family Code section 3083

This is an important provision for parents who feel the other acts in making parental decisions without the input of the other. Courts can require joint consent. This is not the standard order in CCRC custody orders though – usually, all that is required that one parent informs the other and tries to get that parent to agree, before making the decision anyway.

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Family Code Section 3083

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.