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What is the basic requirements to be granted joint legal child custody?

Asked almost 3 years ago - San Francisco, CA

I have both physical and legal custody of my children since the day we signed for a divorce. After 9 yrs, my ex husband wants to get joint legal custody. For the past 9 yrs, we could never be calm to talk about one single issue about the children without getting a fight. There's definitely no communication between the two of us. How could he ask for joint legal custody when we dont talk to each other? Is that important?

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Attorney answers (2)

Sandra Dee Munoz

Reputation Level 14

Answered almost 3 years ago. Child Custody Lawyer in San Dimas, CA.

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I find it interesting that you have sole legal custody. Are you sure? CA doesn't grant sole legal unless it has been shown that the other parent is unfit. This may not apply if you simply submitted your Judgment and settlement agreement to the court without a hearing.

That being said, he would have to show a significant change of circumstances such that the Court would have jurisdiction to modify the custody. I suggest that you seek local legal counsel to review the terms of your Judgment and help you address this development. Good luck to you!

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