San Diego, CA asked in Family Law for California

Q: How do you get partial custody of your kids when they are living out of state with their other parent?

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1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Shingletown, CA
  • Licensed in California

A: First you need to define what you mean by partial custody. In California there is legal custody which means that you share in major decisions concerning the health, education and welfare of the minor children. The court can grant you joint legal custody no matter where the children live. The other type of custody is physical custody, which is how the parties timeshare the children. If they are living out of state then the timeshare can reflect there being a joint physical custody order, but would delineate the provisions for the time share. Normally though, when one party lives with the children out of state they are designated as the physical custodian of the children; still with a specific timeshare being allocated.

This, of course, only pertains to orders in the State of California. If the current custody order is not in California you would need to go to that jurisdiction to modify the orders.

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