Legal Question in Family Law in California
I live in California and went to the courthouse to file for sole legal and physical custody. I was told that I already had it from a stipulation signed by me and the Dad last May. Is there anything specific it should say? Mine just says my daughter's name, legal custody to me and physical custody to me. It doesn't say it's sole, but the family law facilitator at the courthouse says it's sole. Also, if I do have sole legal and physical custody, I was told that I do not have to notify the Dad of school, medical situations/appointments, etc. Only if I move. Is this information correct?
1 Answer from Attorneys
It is not possible to give an answer without reviewing your order. "sole" legal custody, is not a legal term. The word "sole" simply describes the legal custody that you have. Since he has no legal custody and only you have custody you have the sole custody of the child, no one else has any custody rights. You do not need to notify Dad, however, you should give him the information to the extent that he wants the information. He could file a motion and may very well get joint legal custody upon request. If you have physical custody, you have the presumptive right to move without father;'s consent. It would be wise to get that consent or to ask the court for consent, it may save you many legal headaches. Good Luck, Pat McCrary
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