THURMAN'S INSIDER'S CUSTODY TIPS:
What is "sole legal custody"?
Orders for "Sole legal custody" are uncommon, and typically only
issue together with temporary domestic violence orders following the filing of an
ex parte DV Request for Order. These remain in effect until the contested, evidentiary
DV hearing occurs, but they can be made more permanent at that time. Never
agree or stipulate to sole legal (or physical) custody - and this is one
good reason why it might make sense to hire an experienced family law
attorney. Otherwise, where a parent appears and participates in any kind
of proceedings involving kids and custody, most judges will not grant
sole legal. However, understand that if "permanent" (up to five
years) domestic violence restraining orders do issue, there is a statutory
FC section 3044 that joint legal and joint physical custody is not in the children's
best interests. There is a high degree of variability among bench officers
in terms of their attitudes towards enforcing section 3044. It is also
seen where one parent makes irresponsible or conflicting decisions about
medical treatment or schooling.
CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
DEFINITION OF SOLE LEGAL CUSTODY
Family Code Section 3006
"Sole legal custody" means that one parent shall have the right
and the responsibility to make the decisions relating to the health, education,
and welfare of a child.