Child custody is the legal term that specifies how a child will split their time between their parents after a divorce. Custody arrangements can be as unique as each family involved in this legal process. Some parents are able to come to an agreement without court intervention, while others need the help of a judge to determine how to divide custody. Whichever is your situation, it’s important to seek the help of an experienced child custody lawyer.
What Types of Custody Agreements Are There in CA?
California follows the ‘best interests of the child’ rule. This means that a court will rule in favor of a situation that is most beneficial for a child’s wellbeing.
The court evaluates each case and looks at factors such as :
- The schools around each parent
- Who is able to consistently care for the child on a daily basis
- Who can provide safety for the child
- Who the child would prefer to spend their time with
The emotional bonding between parents and their children is very important to a child’s wellbeing and is taken into consideration when assigning custody. If the court awards the majority of custody to one parent, they will usually do their best to ensure the other parent can maintain a healthy relationship with their child.
There are several variations in custody plans. Since each case is dependent on many different variables, no two custody agreements are alike.
However, the most common arrangements are :
- Joint Physical Custody : Joint custody is when both parents share parenting time. Physical custody is the time the child spends with either parent. Custody is generally split equally between the parents, but that is not necessarily true for all situations. However, California law states that a child must spend more than 35% of their time with either parent for them to legally share joint custody.
- Joint Legal Custody : Legal custody of a child gives parents the ability to make important decisions on the child’s behalf. These decisions usually include health care, education, religion, and extracurricular activities. When parents share this type of custody, they must consult each other before making any decisions concerning the child.
- Sole Physical Custody : Sole custody (also known as primary custody) allows one parent to obtain the majority of, if not all, the physical custody time of the child. Courts usually only grant sole physical custody if one parent is deemed unfit to care for the child.
- Sole Legal Custody : When a parent has this type of custody, they are permitted to make important decisions on the child’s behalf without consent of the other parent. Additionally, the parent with sole legal custody can move out-of-state without permission from the other parent.
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Visitation Rights & Sole Custody
If one parent is granted sole custody of the child, the other parent may still be able to obtain visitation rights. These visitations can be supervised or unsupervised and allow the non-custodial parent a chance to maintain their parent/child relationship.
Preserving the Parent / Child Relationship
At Deccan Law, our attorney can help you and the other parent create a custody arrangement that is in your child’s best interests. We understand that custody issues can be emotionally difficult and will do everything we can to take the legal aspect off your shoulders while you focus on your child’s wellbeing.
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When you choose to work with our Upland Attorney, you are choosing legal representation that will fight for your rights. We can help you obtain an outcome that is in your best interests and provide you with compassionate guidance along the way.
Our main office is in Upland. We also have meeting locations in Long Beach and Artesia available by appointment only.