California Codes
Cal. Family Code § 3003 (2026)
✓ current as of May 2026
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“Joint legal custody” means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
Notes of Decisions
Cited in 41
cases (17 in the last 5 years), 1996–2026 · leading case: Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004).
Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004). “Despite the use of the term "joint legal custody"which is defined by California statute, see Cal. Fam. Code Ann. § 3003 (West 1994)we see no meaningful distinction for present purposes between the custody order issued February 6, 2002, and the one issued January 9, 2004.”
In Re Marriage of Burgess, 913 P.2d 473 (Cal. 1996). “" (Fam. Code, § 3003.) "`Sole physical custody' means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.”
Rivero v. Rivero, 216 P.3d 213 (Nev. 2009). “concurring); Cal. Fam. Code §§ 3003 , 3006 (West 2004) [2] (defining sole and joint legal custody).”
Furie v. Furie (In re Furie), 224 Cal. Rptr. 3d 637 (Cal. Ct. App. 5th 2017). “( Fam. Code, §§ 3003 et seq. ) "Legal custody," which encompasses "the right and responsibility to make the decisions relating to the health, education, and welfare of a child," obviously includes orthodontic care.”
Jenny Flores v. Merrick Garland, 3 F.4th 1145 (9th Cir. 2021). “Similarly, the California Family Code § 3003 defines “legal custody” as “the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.”
Dickson v. Dickson, 1997 ND 167 (N.D. 1997). “1 (“the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on major decisions affecting the welfare of the child”); Cal.”
Santa Clara Cnty. Dep't of Fam. & Child.'s Servs. v. J.R., 235 Cal. App. 4th 1102 (Cal. Ct. App. 2015). “” (Fam. Code, § 3003.) “ ‘Sole legal custody’ means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.”
Erika K. v. Brett D., 75 Cal. Rptr. 3d 152 (Cal. Ct. App. 2008). “” (Fam. Code, § 3003.) “The essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion.”
In Re Marriage of Condon, 62 Cal. App. 4th 533 (Cal. Ct. App. 1998). “(Fam. Code, § 3003.) [12] The stickier issue is joint physical custody.”
Jenny Flores v. William Barr, 977 F.3d 742 (9th Cir. 2020). “2019) (defining “legal custody” in the family law context as “[t]he authority to make significant decisions on a child’s behalf”); Cal. Fam. Code § 3003 (defining “legal custody” as “the right and the responsibility to make the decisions relating to 8 the health, education, and…”
Miguel Romo-Jimenez v. Eric Holder, Jr., 607 F. App'x 745 (9th Cir. 2015). “” Cal. Fam.Code §§ 3003, 3006. Pursuant to the August 29, 1995, Juvenile Court minute order, Romo-Jimenez was “removed from the custody and control of [his] parent,” and “[e]ommitted to the California Youth Authority.”
Schwenk v. Cnty. of Alameda, 364 F. App'x 336 (9th Cir. 2010). “2006) (recognizing that parents without legal custody but with visitation rights maintain a liberty interest in the care, custody, and management of their children, albeit a reduced one); Cal. Fam. Code § 3003 . We affirm the dismissal as to Lacativo on the basis of qualified…”
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