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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9737
Experience:  Experienced Family Law Attorney
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How difficult is it and what process does it entail to get

Customer Question

Hi. How difficult is it and what process does it entail to get 100% "legal" custody of my children while still keeping the 50/50 visitation custody in place. My soon-to-be-ex is very neglectful of the kid's health care needs, especially with my daughter having cognitive, physical, and medical special needs. She often does not agree to certain treatments, etc., which are professionally recommended. And according to the custody order, she needs to agree to these things.
I have tons of documentation and information to prove that she is unable to recognize the health needs of our children. She sends them to school sick many and I have to pick them up, etc.
I just want to have full control over the medical stuff. How do I go about doing this? And is it very difficult? I am In Pro Per so I am afraid it is going to be very difficult.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Are there any current orders in effect?

Customer: replied 1 year ago.

There is a court signed stipulation that specifies we both have 50/50 custody/legal as recommended by the custody mediator. That mediation session and stipulation was months ago, prior to me realizing how checked out my ex and inability to recognize medical issues, etc.

Expert:  LegalGems replied 1 year ago.

It is much easier to get sole legal from the get go, rather than via a modification, because once there is a stipulation or order in place, the court will require a proof of change in circumstances that will justify the modification;

Also the family code does state that there is a general preference for joint legal custody.

However, with that being said, the courts are primarily concerned with the "best interests of the child" which gives them great leeway when making/modifying orders; as such, one can file a request for modification (form fl 300) and attach a declaration stating the reason for the request (ie missed doctor appointments, refusal to consent to medical procedures already authorized by court order, declarations from school officials re: the children being sent to school while ill etc)

For some reason I cannot attach this, but if you google

Santa Barbara Family Law Sample Declaration Child Custody

the court (and it can be modified for use in any court) has a great sample declaration, along with instructions. That can help get all the evidence before the judge.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

How did everything work out- were you able to access that declaration?