Posted in Child Custody
Understanding Child Custody In California
When children are involved, divorce can be more complicated for a number of reasons. When a couple shares a child, they must figure out how to handle child custody arrangements. It is important to note that in California, both parents have the same rights when it comes to their children’s care until there is a court order stating otherwise. If there is a history of domestic violence, then special laws apply.
How Is Custody Decided?
During a divorce, a couple who shares children will need to agree on what is called a parenting plan. The plan addresses where the kids will live, when they see each parent, and how the parents will care for their kids. If parents do not agree on a plan, then a judge will decide arrangements according to what is in the best interest of the children.
How Many Types Of Custody Are There?
In the state of California, the rights and responsibilities of parents for taking care of their children fall into two categories: legal custody and physical custody.
What Does Legal Custody Mean?
When we talk about legal custody, we are talking about who gets to make the important decisions for your children. These are decisions like the ones relating to healthcare, their welfare, and their education. The parent with legal custody gets to decide what school they go to, what mental health services they receive, what sports they participate in, and even if they can travel.
Does Only One Parent Get Legal Custody?
Legal custody can be granted to both parents (joint) or to just one (sole). If a parent has sole legal custody over their children, only they can get information from the children’s schools or doctors. In the case of joint legal custody, both parents can be involved in and responsible for major decisions.
What If Both Parents With Legal Custody Don’t Agree?
Joint legal custody means both parents share the right to make decisions, but neither parent can make a decision alone. It is best for both parents to communicate and cooperate with each other to minimize the likelihood of disagreements or going back to court. If the parents cannot come to an agreement then it is likely that a Judge will have to make the decision.
What Does Physical Custody Mean?
Physical custody is about who your children live with most of the time. Like with legal custody, physical custody can be sole – where the children live with only one parent, or joint – where children spend significant time living with both parents. Child share schedules for joint custody can vary from family to family so that parents can decide what works best for their situation.
Can My Children Decide Who They Want To Live With?
No, minor children, under 18 years of age, cannot choose where to live. When a judge is deciding on the parenting plan, they will consider the preferences of children who are 14 or older, so long as those preferences are still in the best interest of the children.
If My Partner Has Sole Physical Custody, Can I Still See My Kids?
Yes. Even though children live with one parent in situations of sole custody, the other parent may have visitation rights, also known as parenting time.
Can I Change My Custody Order?
If you want to change your child custody order, you will need to file papers with the court. But what to file depends on your situation. We recommend seeking legal guidance from our experienced Manhattan, CA child custody lawyer. The team at Skarin Law Group can revise an existing child custody order, or negotiate an initial one. Contact us today to schedule your consultation. We can help you make the best choice for your situation.
