My husband agreed to me having physical custody but wants 50/50 legal custody but he lives out of state and I think It would be to hard for the best interest of my son to do that because if there were some emergence that happen it might be hard for me to get a hold of him
Your questions is quite intuitive. Generally speaking, the courts prefer that both parents share joint legal custody, and generally it is in the child's best interest for the parents to share in these serious decisions regarding health education and welfare of the child. You have not been detailed and clear about the specific concerns or needs that may be delayed or harmed as a result of dad living out of state. But, you are right, the fact that you both live in different states can be a concern. As you may already be experiencing, the fact that you live in different states, may make it very difficult to get things done, such as signatures and other quick decisions made by both parents. As such, you may very well have a proper and winning claim for sole legal custody. I have obtained sole legal custody orders for this very reason, and that reason alone, in the past.
Get a consultation with an experienced family law attorney. You could probably include a provision starting that in case of an actual true emergency you would be able to unilaterally make a decision in that case (such as a medical emergency).
This AVVO Answer does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Each case is different and not enough facts exist to formulate a proper and thorough response. To the extent additional or different set of facts exist or the hypothetical or scenario presented herein is different, the opinion or commentary of the Attorney might possibly change. Attorney is licensed to practice law only in the State of California and opinions are based solely on California law unless stated otherwise. For answers to specific legal questions, always consult with a licensed Attorney.
In addition to to answers of my colleagues, you should consider that you have multiple ways in which to engage in cost-effective and nearly instantaneous communications to exchange and receive information. However it is paramount that you both coparent and communicate for this to work.
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