Types of Child Custody in California
Who should have custody of your child? This is a question the court may have to decide if you or another party is filing for custody. This decision is by far one of the most impactful in a child’s and a parent’s life. A child custody lawyer can help parents navigate the legal process and protect the best interests of the child.
The custody decision is made by the court based on various factors such as the parent’s age, character, stability, mental and physical health, ability, employment responsibilities, and the child’s relationship with each parent. Additionally, the court takes into account the child’s sex, age, educational, emotional, material, moral, and social needs, as well as the continuity and stability provided by different child custody arrangements. For children aged 12 and older, their preference is also taken into consideration.
It’s important to note that child custody decisions are not influenced by issues such as adultery, or other issues of moral turpitude. Unless there is an indication that these actions will impact the custodian’s parenting and the child’s welfare, courts often do not find that infidelity creates such a risk to the child. The State of California has a well-established policy that, whenever possible, courts should ensure that children have two parents to support and nurture them.
Types of Child Custody
There are four main types of custody arrangements: sole custody, joint custody, legal custody, and physical custody. Legal custody gives parents the right and responsibility to make decisions about the child’s health, education, and welfare, and can be held jointly or solely. Legal custody is usually held jointly unless one parent is found to be incapable of making smart decisions for the child. Physical custody, on the other hand, is determined based on where the child primarily resides. Joint physical custody is more functional when parents live close to each other and the child spends considerable time with both parents. However, if one parent moves away, the court may intervene to determine the child’s residence. When a parent visits the child regularly but not as frequently as the other parent, it’s often termed as liberal visitation. Parents should consult a child custody lawyer to consider what type of custody fits their family’s situation.
How is Child Custody Determined?
When determining child custody, courts look at various factors and do not necessarily require one parent to be deemed unfit for the other to gain custody. Instead, courts consider whether the custodial parent is likely to facilitate meaningful contact between the child and the noncustodial parent. In cases of joint custody, the capacity of parents to communicate and make shared decisions that affect the child’s welfare is an important factor.
What Can a Child Custody Lawyer Do For Me?
When facing a child custody battle, and advocating for the well-being of your children, it is essential to have a child custody lawyer by your side to effectively present what is your child’s best interests in court and avoid misunderstandings. The Law Office of Darshann M. Wienick understands the intricacies of such cases and is committed to safeguarding you and your child. If you are in the midst of a child custody dispute and are currently searching for “child custody lawyers near me,” we encourage you to consider consulting with the Law Office of Darshann M. Wienick to discuss your situation. Reach out to schedule a consultation.
