Ripon, CA asked in Child Custody and Family Law for California

Q: What is mom allowed to do if she has set visitation times and only joint legal?

Mom has set visitation times. And only joint legal. Is she allowed to show up at kids school, and school functions and field trips outside of her appointed times?

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: The simple answer to that question is yes. However, it depends on what your orders say. School functions, field trips, etc. are not a custodial function, but instead would likely fall under the rubric of legal custody.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a situation where the mother has set visitation times and joint legal custody, but not joint physical custody, her rights to access the children are typically limited to the agreed-upon visitation schedule. However, the specifics may vary depending on the court order or custody agreement.

Generally speaking, if the visitation schedule does not include provisions for the mother to attend school functions, field trips, or show up at the child's school outside of her designated times, she would not have the right to do so without the agreement of the other parent who has primary physical custody.

Joint legal custody grants both parents the right to make important decisions about the child's upbringing, such as education, religious practices, and medical care. However, it does not automatically grant the right to equal time with the child or the ability to visit the child outside of the set visitation schedule.

It's essential to refer to the specific court order or custody agreement to determine the exact rights and limitations of each parent. If there are concerns or disagreements about the arrangement, it is best to consult with a family law attorney or mediator to clarify the terms and, if necessary, seek a modification of the custody order.

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