Determining custody of your child can be a stressful time. While the state of California prefers joint custody which allows the child to spend time with each parent, sometimes sole custody is what is best for the child. A child custody attorney can help you navigate the process and ensure the best interests of your child are represented.
Physical vs. Legal Custody
There are two types of custody in California: physical and legal. Physical custody refers to who the child lives with. Legal custody refers to the right to make decisions on behalf of the child such as education and health. In some cases, a parent may have sole physical custody but joint legal custody. In other cases, a parent may have both sole physical and legal custody.
Steps to Obtain Sole Custody
Sole custody is granted by the courts, and you will have to complete a series of steps to obtain sole custody.
Step One – Complete Custody Forms and File a Petition
Complete a request for custody order form. In this form, you will explain why the court should grant you sole custody. You can also request child support. You can supplement your request with written detail and attachments. You will then file a petition for custody with your county’s superior court.
Step Two – Serve the Other Parent
The other parent must be served, meaning they receive a copy of the papers you file. The person who delivers the papers must be 18 or over and not part of your case. You may also be able to serve by mail in some cases, such as when the other parent lives out of state.
Step Three – File Proof of Service
At least five court days before your hearing, you must file a completed proof of service with the court.
The next step in the process depends on your individual circumstances. The court may order you to participate in mediation, or you may be scheduled for a hearing where you will have the opportunity to offer evidence to support your request.
Failing to complete any steps in the process can impact the outcome and/or timeline of your case. A child custody attorney can help ensure each step is completed correctly and on time.
Factors When Determining Custody
The state of California favors joint custody arrangements and will not grant sole custody simply because one parent prefers it. In fact, the California Family Code states that children have a right to contact with both parents, except when contact would not be in the child’s best interests. In other words, judges can only limit custody if there is reason to believe that limiting custody is in the best interests of the child.
There are several factors the court will consider when determining a child’s best interest including:
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- The health, safety, and welfare of the child
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- Any history of abuse against the child
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- Use and/or abuse of illegal substances, controlled substances, or alcohol
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- The amount of contact the child currently has with each parent
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- Previous failure to follow court orders
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- Previous instance of child abduction
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- False allegations of abuse made against the other parent
No two cases are alike, and determining a child’s best interest is rarely straightforward. The process of obtaining child custody can be long, stressful, and emotionally taxing. It is critical to have patience, realistic expectations, and keep the best interests of your child at the forefront.
A Child Custody Attorney Can Help You Navigate the Process
Having an experienced child custody attorney by your side can make all the difference. The Law Office of Darshann M. Wienick makes children’s best interests our top priority. Our committed team offers a variety of custody and support services including legal custody, physical custody, high-conflict custody disputes, and more. Our experienced team understands the complexities of these cases and works diligently to ensure that children’s rights and well-being are protected.
If you find yourself navigating a child-custody case and in need of a child custody attorney, consider partnering with the Law Office of Darshann M. Wienick. Reach out to schedule a consultation.
