What is Child Custody in California?
Child custody involves the rights and responsibilities a parent has in regards to the child. You can agree to custody or ask the court to decide for you. In California, the law says that each parent is “
Child custody are the rights and responsibilities a parent has in regards to the child. You can agree to custody or ask the court to decide for you. In California, the law says that each parent is “equally entitled to the custody of the child”. (see CA Family Code section 3010). Child custody has two parts: legal and physical. These are different forms of custody and have different types of involvement for the parents. Custody can be joint, meaning the parents share the rights and responsibilities equally. Custody can also be granted to one parent over the other. This is called sole custody.
What is Physical Custody in California?
“Physical custody” refers to the actual physical control of the child. It includes the time that the child spends with the parents, if any. A parent with “sole physical custody” is the parent with whom a child lives. That parent is also called the “custodial parent”. The “non-custodial parent”, the parent who does not have physical custody, may have visitation. Parents may also have “joint physical custody”, meaning that each parent has physical custody of the child. It does not mean, however, that the time is equally split between the parents. It’s possible that one parent may only have time with the child on the weekends and one day a week, although a 50/50 split in time is possible.
What is Legal Custody in California?
“Legal custody” refers to the ability of the parents to make child rearing decisions. Some of these include major life decisions for the child such as what type of education they receive and from what school, medical decisions, and even religious upbringing. Like physical custody, legal custody may be joint or sole. The courts prefer “joint legal custody” but there may be instances where “sole legal custody” is in the best interest of the child.
What is Visitation in California?
“Visitation” is the time that the non-custodial parent has with their children. It is also called “parenting time”. The visitation schedule, or “parenting plan” specifies when and how long the child is with the non-custodial parent. The visitation schedule generally includes holidays, summers and other school breaks, as well as the parents’ birthdays. It can lay out the pick-up and drop-off times and locations. Your parenting plan may also include provisions for vacations.
Just like with custody, it is important to consider the best interest of the child, while also making sure the parents have equal or reasonable contact and communication with the child.
What Does Best Interest of the Child Mean?
Divorce can be very emotion and stressful for not only the spouses, but the children as well. Whether you reach an agreement with your spouse outside of the court, or ask the court to issue an order regarding physical custody, it is always the goal to consider the best interest of the child.
There isn’t a checklist that specifically lays out what is in the “best interest of the child”. The California Family Code section 3011 does give some guidance. It includes the factors that the court is required to consider when making custody determination such as the “health, safety, and welfare of the child” or whether there is a history of abuse by either parent or anyone seeking custody against the child or the other parent, the relationship of the child with the parents and any history of drug abuse. This is not an exhaustive list but
Remember, when it comes to custody, it is not about you. It is always about the child. It is possible that a lawyer can help you navigate this issue to reach an outcome that is best for the child.
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