When deciding on visitation rights and the division of custody, the court decides on the best interests of the child.
Like most states, California has two types of child custody: statutory and physical. As a parent, you are encouraged to share both types of custody. After a divorce and custody agreement has been reached, California law requires the judge to decide on joint custody as it is in the child’s best interests. So, if you want to learn more about California child custody laws and how a judge awards custody, read on.
How does the judge decide on custody?
In California, the court begins the custody battle by treating both parents equally with custody of the child, meaning the judge is not biased toward one parent or the other.
As previously mentioned, the court will decide what is in the best interests of the child, taking into account factors such as:
- The health, safety and welfare of the child
- The child’s contact with both parents
- Whether a parent has a history of abusing the other parent or the child
- Whether a parent has a history of substance abuse such as alcohol or prescribed medications
- Any other factor that the court deems relevant
However, since 2012, California custody law has allowed the court to speak with the child and consider his or her opinion on custody. In cases where the child is at least 14 years old and showing a preference, this plays a big part in the judge’s final decision.
If you would like more help learning California laws, especially if you have a minor child, we encourage you to contact a few attorneys for more information about child custody.
What is legal custody?
The first type of custody in California is “legal custody,” also known as the right to make sweeping and meaningful decisions about a child’s health, welfare, and education. These types of decisions may include:
- Where the child will go to school
- Whether the child should receive medical care
- Whether the child will participate in religious activities
Joint Legal Custody
Under California law, “joint legal custody” refers to parents having the right to make decisions about their child’s health, welfare, and education. However, the fact that the parents share joint custody does not necessarily mean that they also share physical custody.
Parents usually share joint custody unless there are certain circumstances, such as:
- The court finds one parent unfit
- The parents cannot make joint decisions
- A parent cannot make decisions about the general welfare of the child
- It would be in the best interests of the child for one parent to share custody
Sole custody
Sole custody, on the other hand, means that only one parent can make all major decisions about the child’s health, welfare, and education. Also, that parent may make such decisions without seeking the other parent’s permission or opinion. If one parent has sole custody, it doesn’t mean they also have physical custody.
woman and two children on a park bench; Image by Benjamin Manley, via Unsplash.com.
These terms are often misunderstood. So if you’re having trouble distinguishing them, it might not be a bad idea to contact San Francisco Custody Lawyers.
What is physical custody?
Custody is where the child will live after a divorce, hence the name. This type of custody differs from legal custody in that the parent has the right to be physically present with the child.
When deciding on visitation rights and the division of custody, the court decides on the best interests of the child. However, the first step for couples looking to file for divorce is to speak with experienced San Francisco divorce attorneys to learn what to expect.
Joint vs. Sole Custody
Joint custody means that both parents have equal custody time. Sole custody, on the other hand, refers to when a child lives with only one parent and relies on the court’s power to order visitation rights with the other parent.
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