Child Custody
CHILD CUSTODY
San Ramon Child Custody Attorney
If you’re anticipating a divorce or separation in California, you may be wondering about the fate of your children. Divorce has many complexities, and child custody is just one of them. As a concerned parent, you’re wondering whether you’ll be granted custody of your child or whether you’ll be able to visit them when the divorce is finalized. To go through the overwhelming and complex experience with certainty, it’s essential to understand California’s child custody laws and processes.
What is Child Custody in
California?
During the divorce process, you’ll mostly see the words custody and visitation used so often. This might bring some confusion, and you might wonder what the judge or the attorneys are referring to. That’s why you need to clearly understand the meaning of the words so that you can have sufficient information about your divorce case and the fate of your kids.
In California, child custody refers to parents’ rights and responsibilities when caring for their children. This means that the divorcing parents must decide on the well-being of the children, especially in matters of clothing, food, education, health, and general upbringing. Parents must also decide on visitation and how each parent will spend time with the children.
Types of Child Custody in California
Usually, parents have to decide on the nature of child custody after divorce. In most cases, parents are in dispute and must agree on child custody. In such instances, the court intervenes and determines the nature of child custody based on various factors. The court may decide on either legal child custody or physical child custody.
Legal Child Custody
Legal custody in California refers to the type of child custody where the parent makes critical decisions regarding the children and essential matters affecting their lives. For example, a parent with legal custody decides on children’s education, health care, and daily welfare.
Importantly, in legal custody, you might get an arrangement where both parents make critical decisions on the well-being of the children. This type of arrangement is defined as joint custody and is usually the standard type of legal custody. However, in sole charge, only one of the parents is responsible for making critical decisions regarding the welfare of the children.
- A child in legal custody can make the following decisions:
- Education and school
- Healthcare and healthcare coverage
- Children’s religious orientation and institutions
- Travel decisions
- Child care etc.
Physical Custody
In physical custody, the children will live with both parents. In this case, parents must agree on a living arrangement that allows children to spend precious and ample time with each parent. Where divorcing parents disagree, a California court will decide on the physical custody and time arrangements.
Physical child custody ensures that parents spend 50% of their time with the children. Usually, physical child custody is complex and requires the collaboration of both parents. Without an agreement, the court might make custody decisions that may prove to challenge for both parents.
How Does a Court Decide
Child Custody Case?
As noted above, parents must agree on child custody and other important matters affecting their children even after divorce. However, when a decision is not reached, the court must determine child custody.
Usually, under California law, a judge begins a child custody case with the view that both parents are equally entitled to child custody. This means that any parental aspect or bias does not influence the judge. However, in deciding the child custody case, a judge must act in the child’s interest prompting the court to consider the following factors.
- The amount of contact with both parents
- The relationship between parents and children
- Whether a parent has a history of abusing their children
- The children’s welfare, safety, and health
- Parent’s occupation and income capability
- Parent’s history of illegal use of controlled substances, alcohol, etc.
Children’s Role in Custody Determination
In 2012, California child custody laws changed to accommodate the opinion of the children under consideration. In this law, children at least 14 years old are deemed mature enough to express their views on custody. Courts will always give weight and huge consideration to their preference.
Also, the court must listen to the younger children’s opinions on their custody. However, their opinion might present little weight to the final determination. The court will decide based on the child’s best interest at any given custody determination.
Child Visitation Order
When the court awards sole custody, it will also incorporate a visitation order to ensure the non-custodial parent enjoys some time with the children. A simple visitation schedule may include splitting holidays and school vacations, extended visitation during summer, and sometimes weekend overnight visits.
In most cases, parents must create a visitation schedule that is in their children’s best interests and work schedule. The visitation schedule is also presented to the court for approval. Courts take center stage in approving visitation schedules to avoid or solve future problems or interference in visitation orders
.
However, in some instances, the visitation order may not be straightforward. If a parent has a history of drug abuse or abuses the children, the court will issue supervised visitation. Supervised visitation is likely to happen in a location other than the children’s residence. In some extreme circumstances, courts may find it necessary not to issue a visitation order, especially to an abusive parent.
Can You Change Custody Arrangements?
Usually, a judgment for child custody is not final. This means that there can be arrangements to change control through the court. If the current custody order is not working, you can convince the court to adjust to a decree that works. A custody order may also be changed when one of the parents interferes with the current visitation terms.
Some of the instances that may convince the judge to change a child custody order include:
New occupation for custody parent making parenting harder
Military or critical government deployment
Evidence of dangerous environment at custodian’s home/residence
Child abuse
Uncooperative parent, especially when it comes to visitation orders
Get Legal Assistance in California Child Custody Case
As you can see, getting child custody after a divorce or separation is not easy. You’ll have to deal with your significant other and a complex legal process. However, with the assistance of an experienced family attorney, you can fight for the right to bond with your children without significant challenges.
Whether you need Divorce Representation, Visitation Agreements, Spousal Support or Child Custody, our experienced Attorneys will help you in all aspects of Family Law. Contact us for a free consultation!