A Child Custody Law Checklist For Co-Parents
Many divorcing parents sincerely want the best for their children, and are willing to work together to make that happen. Entering into the divorce process is a daunting and emotional process, and the presence of children can make the situation all the more challenging, but good outcomes for all involved are possible. Below are some significant legal issues you’ll want to be aware of as you embark on this process.
Understand the Difference Between Physical Custody and Legal Custody
In California, there are the related concepts of “physical custody” and “legal custody.” Physical custody is exactly what it sounds like – where and with whom will the children reside, and for what periods of time. This could be sole or joint physical custody, and can be structured in a variety of manners. Legal custody, on the other hand, is the ability of the parents to make decisions regarding the child’s welfare, such as where the children will go to school, and what type of medical treatment they will receive. Sole or joint legal custody can be awarded here as well. For example, if both parents have joint legal custody of their 14-year-old son, and the son wanted to take a month-long trip to Europe, both parents would have to approve first.
Who Gets to Determine Custody?
The divorcing parents are free to reach an agreement on their own terms regarding both physical and legal custody, but the agreement will need court approval. This arrangement will typically be part of a divorce settlement that the parents reach with or without the assistance of attorneys, and which will be submitted to the family court judge for approval. A California family court judge will typically approve of a custody arrangement that the parents have reached without the court’s input.
Options a Judge Has in Awarding Custody
If the parents cannot reach an agreement regarding custody, then the family court judge has a variety of options in awarding custody, including:
Sole physical custody to one parent, meaning the child will live with one parent permanently.
Joint physical custody to both parents, meaning the child will split his or her time between parents, although not necessarily in equal amounts of time (i.e. the child may spend Monday through Friday with one parent and the weekend with the other parent).
Sole legal custody to one parent, meaning one parent will have the power to make decisions regarding the child’s welfare.
Joint legal custody to both parents, meaning both parents will have the power to make decisions regarding the child’s welfare.
In certain cases, a judge may grant custody to a non-parent, including a grandparent or other family member. The judge will consider a wide variety of factors in making these custody determinations, based on the primary goal of serving the best interests of the child.
Do the Children Get a Say?
If the court determines the custody arrangement, then it may factor in the child’s wishes regarding custody if the court determines that the child is of a sufficient age and capacity to offer a meaningful opinion. Children 14 and over are entitled to have their custody preferences heard in court, but the judge is not required to honor that preference.
Visitation
If sole physical custody is awarded to one parent or to a non-parent, then a non-custodial parent may request visitation with the child, which is a separate determination from custody. A judge may allow for visitation, which in some cases can be ordered as supervised visitation, meaning a specified third party must be present during the visitation. A judge may also allow no visitation if he or she determines that visitation would present a threat to the child’s welfare or safety.
Discuss Your Child Custody Law Issues With a Trusted Legal Advisor
Contact divorce attorney, Richard Jacinto, today to consult with an accomplished, skillful family law attorney to discuss your issues as they relate to child custody law in California.
