Legal Custody In California

[DsmithAsmith]

What is the name of your state? California

3 years ago my hubby got a CO granting him sole physical custody of his daughter. When he and his ex went to mediation they agreed on joint legal custody because neither of them is too concerned with what doctor, as long as she gets to a Dr. or what school as long as she is in school.
Mother was given supervised visits but has chosen not to come. She has very limited (approx. 2 phone calls a year) contact with her daughter. She has NO contact with my husband at all. I used to send her copies of her daughters report cards and a school picture, but I stopped when things at our house got too busy and mom showed no intrest in her daughter. Other than that my husband does not ask her about anything regarding their daughter. She does not have a phone, and has moved since the CO and not notified us of her new address. My step-daughter wrote her a letter a few months ago and sent it to her grandmothers house. We are assuming her mother got it.

Here is my question, in the court order it simply states "The parties agree to share joint legal custody", Is my husband violating that order if he makes decisions on his own? If he must notify the mother, what types of things must he notify her of and what are the procedures for notification, does he have to give her an option to respond. The mother has never showed any intrest in her daughter since she moved with my husband, however we might have to go back to court if her mother refuses to sign for a passport, and I don't want the judge questioning whether or not my husband is violating the court order.

We just want all our ducks in a row, so we don't have a problem and my stepdaughter can come with us on our vacation.

 

[LdiJ]

What is the name of your state? California

3 years ago my hubby got a CO granting him sole physical custody of his daughter. When he and his ex went to mediation they agreed on joint legal custody because neither of them is too concerned with what doctor, as long as she gets to a Dr. or what school as long as she is in school.
Mother was given supervised visits but has chosen not to come. She has very limited (approx. 2 phone calls a year) contact with her daughter. She has NO contact with my husband at all. I used to send her copies of her daughters report cards and a school picture, but I stopped when things at our house got too busy and mom showed no intrest in her daughter. Other than that my husband does not ask her about anything regarding their daughter. She does not have a phone, and has moved since the CO and not notified us of her new address. My step-daughter wrote her a letter a few months ago and sent it to her grandmothers house. We are assuming her mother got it.

Here is my question, in the court order it simply states "The parties agree to share joint legal custody", Is my husband violating that order if he makes decisions on his own? If he must notify the mother, what types of things must he notify her of and what are the procedures for notification, does he have to give her an option to respond. The mother has never showed any intrest in her daughter since she moved with my husband, however we might have to go back to court if her mother refuses to sign for a passport, and I don't want the judge questioning whether or not my husband is violating the court order.

We just want all our ducks in a row, so we don't have a problem and my stepdaughter can come with us on our vacation.

Since your husband has no address or phone number for mom....it would be very difficult for a judge to hold him in contempt for not consulting with mom regarding decisions. Also, ordinary, everyday decisions aren't the type that dad needs to be concerned about. Its the major things that could be an issue.

 

[mightymoose_22]

I would wonder how easy it would be to simply ask the court to give him full custody and take mom out of the equation. If she has not exercised her rights or shown interst perhaps they may not have any reservations about taking them away from her?

 

[CJane]

I would wonder how easy it would be to simply ask the court to give him full custody and take mom out of the equation. If she has not exercised her rights or shown interst perhaps they may not have any reservations about taking them away from her?

In general, the courts have a LOT of reservations about taking parental rights away from parents, whether they choose to exercise those rights or not.

Mom has already effectively removed herself, yes. However, I can't see the court terminating her rights based on the information presented here.

 

[I AM ALWAYS LIABLE]

Since your husband has no address or phone number for mom....it would be very difficult for a judge to hold him in contempt for not consulting with mom regarding decisions. Also, ordinary, everyday decisions aren't the type that dad needs to be concerned about. Its the major things that could be an issue.

My response:

Ldij, weren't you warned about responding to California threads? Of course you were, and you have nonetheless made a conscious decision to ignore the warning.

Writer, Ldij writes very well, and sounds convincing. But, she knows nothing about specific California law and has been warned about responding to California threads, such as yours.

Do NOT rely upon anything that Ldij writes.

IAAL

 

[I AM ALWAYS LIABLE]

Its the major things that could be an issue.

My response:

And what do you consider getting Mom to sign an application for a Passport might be . . . a walk in the park? Since Mom hasn't had her parental rights suspended or removed, then Dad still needs her signature on a Passport application.

You see, Ldij, this is just one of the reasons why you shouldn't be responding to California threads.

IAAL