What Happens if I Lose Legal Custody of My Children in California?
The prospect of losing custody in California can feel like a parent’s worst nightmare. It is important to note that there are different types of custody in California, and losing legal custody is not the same as losing physical custody. This distinction helps parents understand what might happen if they lose legal custody – and how to plan for this possibility with effective legal action.
Legal Custody vs. Physical Custody
Legal custody only involves decision-making authority, whereas physical custody determines where the child stays and lives. Both joint physical and legal custody are common in California. However, parents may have sole physical custody without having sole legal custody. For example, children may stay primarily with the mother, but the father may have a legal say in how the children are raised.
The Impact of Losing Legal Custody
If a parent loses legal custody, they will no longer have the ability to control how their children are raised. The parent who takes on sole legal custody will then have the ability to make all decisions without first consulting the other parent. These decisions may involve:
- Medical choices
- Religious choices
- Educational choices
- Gender issues
- Dating issues
When Might a Parent Pursue Sole Legal Custody?
A parent may pursue sole legal custody when there is a dispute over child-raising decisions that cannot be resolved through normal dialogue and negotiations. With no other option to resolve the issue, a parent may file a petition for a modification of the child custody agreement. They may do so under the following circumstances:
- Disagreements over vaccinations
- Disagreements over gender-affirming care
- Disagreements over religious choices
- Disagreements over educational choices
Note that courts consider a child’s best interests when determining whether or not legal custody should be modified. For example, a child who has joined a dangerous cult alongside their parent may be experiencing serious harm, and the court would be likely to modify legal custody in this situation. However, a disagreement over whether the child should follow one branch of Christianity over the other may be less clear-cut if neither religion represents a danger to the child.
Possible Outcomes When Modifying Legal Custody
There are a number of possible outcomes when a parent moves to modify legal custody. Instead of simply taking away a parent’s legal custody, a judge might instead modify it temporarily. They may also modify it based on specific circumstances. For example, parents may not agree on vaccinations. If this is the case, a judge may elect to modify the legal custody in such a way that only one parent has authority over medical decisions in the future. For all other decisions, however, legal custody may still be shared by both parents.
Where Can I Find a Qualified Family Law Lawyer in California?
If you have been searching for a family law attorney in California, look no further than the RM Law Group. Over the years, we have helped numerous parents with custody-related legal issues. The possibility of losing legal custody of your children is something that should be addressed quickly and effectively. Book your consultation today to determine the most appropriate course of action.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
