Q: How do you get partial custody of your kids when they are living out of state with their other parent?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.