Child Custody

In a California divorce, there are two types of custody to be decided: legal custody and physical custody.

Legal custody is defined by which parent is making the primary decisions regarding the child's health and welfare. Physical custody is where and with whom the children reside.

California statues promote that children have equal relations with both parents. Even is one parent has primary custody (as defined by the chold staying with that parent over 50% of the time) the judge will allow the non-custodial parent to have adequate visitation. California's laws tend to prefer joint physical custody, so that the children have equal time with each parent. Sole physical custody is unsually only ordered in the most specific of circumstances.

There are many benefits to negotiating a parenting arrangement. The reason being that you know what is best for your child and your individual schedules. Because of this, most judges usually prefer that the parents decide on their own parenting agreement and will not interfere unless there is are problems between the parties. In cases where the parents cannot agree on custody and visitation arrangements, the court will order custody and a visitation and holiday schedule.

If for any reason, after a divorce, there needs to be a change to custody, the parent can petition the court for a change, but the change will only be ordered if it is in the "best interest of the children."

Child Custody & Visitation

Child custody and visitation issues oftentimes become a point of contention between divorcing parents. The California courts will determine child custody and visitation based upon the best interests of the child and typically consider the following points;

• What is the level of conflict between the divorcing couple and who is their an initiator of the conflict?
• Which parent is more likely to supports a meaningful relationship between the non custodial parent and the children?
• What is the nature of the relationship of the children with the parents?
• What is the level of cooperation between the parents in order to meet the needs of the child?

Child Custody Tips

• Be involved in your child's life. Courts want to see that you are part of the child's life; school, sports, doctor visits, etc. If you are not involved in your child's life it will be tough to obtain custody.
• Do not you insult your ex spouse? When determining custody, a court will consider whether a parent promotes or prevents the other parent's relationship with the children.
• Be flexible with visitation. Try to accommodate the other parent if they would like to switch a day or weekend. Courts like parents who foster cooperation.
• Courts generally are very opposed to the children knowing the details of your divorce issues. Do not explain to your children the legal issues and stick to simply explanations of the relationship changes between you and your ex spouse
• Where does the child want to live? This may be a factor with the court, but do not coach the child one way or another.
• Are you concerned with the other parent receiving custody? Is there alcohol, drugs, violence, or multiple romantic relationships involved? Be prepared to provide evidence and keep track of events that the court should know.