Determining child custody is essential to examine the rights and responsibilities of the parents in upholding the child’s well-being. The child custody laws in California aim to serve the best welfare of the children. However, there is much jurisprudence to learn, with rules and code sections that seem overwhelming and hard to process. Therefore, in a custody battle, it is pivotal to back yourself with an expert legal advisor like Divorce Attorney Catherine Schwatz to understand how the notion of child custody works and how it can affect your family.
Types of child custody
There are two types of child custody in California, legal custody, and physical custody.
Legal custody
Legal custody refers to the right and responsibility of the sole or both parents to make decisions about the child’s education, health, and welfare. There are two types of legal custody, sole, and joint legal custody.
Most courts grant joint legal custody or the right of both parents to share the responsibility to the child to give equal influence and impact in the child’s life. On the other hand, if both parents have been granted this custody but the other parent has concerns and issues, they must return to court and let the judge decide what should be done.
Physical custody
Physical custody refers to which parent the child will live or reside with. Physical custody also has two types, primary and joint physical custody.
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Primary physical custody means that the child will live and be supervised by a sole parent and is subject to the court’s power to order visitation. That said, if you are the sole parent, the child can reside with you, but the other parent is also likely to be granted visitation rights.
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Joint physical custody happens when each parent has an appropriate period of physical custody to allow the child to have consistent contact with both parents.
In some cases, California courts grant parents joint legal custody but not joint physical custody. Meaning, both parents are responsible for deciding important factors in their child’s life, but only one parent gets to live with the child.
Visitation orders
As mentioned above, the court usually grants visitation rights to the other parent when sole physical custody is awarded. It is to allow the non-custodial parent to have enough time with the child. Visitation orders vary on a case-to-case basis. Below are different types of visitation orders.
Visitation according to schedule
Parents and courts develop a visitation schedule, including the exact dates and times of the children spending moments with their parents, to ensure that there will be no problems and confusion between both parties. This typically includes holidays and vacations, but courts may also consider special events, such as weddings and birthdays.
Reasonable visitation
Unlike the first type, a reasonable visitation can be discussed by both parents and does not necessarily follow a specific schedule in visiting the child. It is done to spend a reasonable amount of time with their child, but the court allows both parents to decide what factors are reasonable for them.
Supervised visitation
The visit of the other parent is supervised by you or a third party - another family member or a professional agency to secure the safety and wellness of the child. This type of visitation typically applies when mental illness, domestic violence, or danger to parental abduction issues are present. On another note, this is also done when the parent and child meet for the first time.
No visitation
If the other parent’s visitation is proven to harm and deter the child’s emotional development, the court does not allow them to have any visitation rights.
How to decide custody and visitation?
The child custody law in California is deemed to uphold the best interest of the child. With this, the court considers the following in deciding custody and visitation.
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If the child is in good health condition
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The appropriate age of the child
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The parents’ capability to care for the child
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The emotional connection between the parents and the child
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If there are any history cases of violence or substance abuse
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The connection of the child to its home, school, and community
It is crucial to remember that California courts do not instantly give custody to the parents regardless of the sex or age of the child. There are still other factors like the lifestyle and religious beliefs of the parent that need to be considered when upholding these.
Conclusion
Parents can choose to make their own rules and agreements for child custody and visitation. However, if not followed, the court cannot administer until it becomes a court order. Hence, you need an expert legal attorney to settle things formally and get the appropriate custody you want for your child.
