Can one parent make major child custody issues if there is joint custody? 5 Answers as of October 04, 2011

Family Code Section 3083 provides: "In making an order of joint legal custody, the Court shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child, and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the Court." Since the parties have joint custody, and moving your sister out of state to a Utah boarding school would likely interfere with your father's physical custodial rights, the father should file an Order to Show Cause in the Paternity or Divorce case to seek immediate return of your sister to California and to modify child custody - either to award your sister's custody to him and/or to specify the circumstances under which the consent of both parents is required, and the consequences of the failure to obtain mutual consent.

No, the parents must confer in good faith on any issues concerning the health, welfare and education of a child in cases where there is a true joint custody order. Each court order is different though and there may be provisions which allow one parent to make decisions concerning the education or health without the consent of the other parent. In order to provided a definitive answer a family law attorney should look over the Divorce Judgment to see what the rights of each parent are.

If the parents share joint legal custody, then the father should file a motion to request that the child be placed in an acceptable school. If mother does not want the child to Live with her then the father should ask to have physical custody.

No. Joint legal custody means the parents must communicate and cooperate in the joint decision-making process concerning parenting issues like education, health, safety, and general welfare. If the parents can't agree, then the court may be asked to make the decision. The information presented is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

There are two types of custody: legal custody and physical custody. Legal Custody is the right to make decisions about the health, education and welfare of the child. Physical Custody is the custodial timeshare between parents (ie, where the child lives). If Dad has joint legal custody, then Mom needs his consent prior to sending your sister to boarding school. Making this decision without dad is contempt of court and subject to jailtime for Mom. If dad has any physical custody, then Mom's decision is likely interfering with his custodial time. BUT Dad has to do something to change the situation. I would advise dad to immediately file an ex parte request to get his daughter back into California and attending her previous school. He could also file for a modification of the timeshare asking for daughter to live with him more because of Mom's bad acts. Along with all that, he has a contempt action. Dad might get his attorney fees payable by Mom depending on the situation and their prior orders. Do whatever you can to get dad to see an attorney - even for one hour. These proceedings can be completed with dad representing himself, but an attorney's guidance will be well worth any cost.