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Find family attorneys and lawyers in California for child
custody
Browse this site to find information about an attorney in
California. If you were searching for an attorney you have come to
the right place.
You should get familiar with these types of
custody, so when your attorney is talking with you, you'll know what
each term means. Remember
Types of Child Custody
Temporary Custody
At the time of separation, the temporary custody arrangements might
very well be assumed by the two parents. However, it is essential
that the issues related are thoroughly discussed in order to
successfully reach a binding and lasting mutual agreement.
Residency, legal guardianship, and visitation serve as the
foundation issues on which the legal and physical custody rights are
awarded. The law typically does not play a role in temporary custody
arrangements, interceding only when one spouse is deemed unsuitable,
usually on grounds of alcoholism or abusiveness, and only after the
respective attorney files a petition with the court. In other words,
it is usually in the interest of common good to come to a
satisfactory agreement, to cooperate with the estranged spouse, and
to provide convenient visitation.
It should not be taken for granted that the final legal custody
arrangements awarded by the court will be the same as the temporary
custody arrangements.
To ensure the best possible outcome for the child, divorce
counseling for the entire family is highly recommended. Counseling
helps prevent a child from becoming a manipulative pawn or the
inappropriate subject and/or source of any arguments. Most often a
child views the parents as equals, and the change in relationships
as a result of the divorce process can be emotionally devastating.
Remember, the child is the most vulnerable person in the divorce
action, and unfortunately, the legal system does not completely
protect this precious commodity.
Legal Custody:
Awards a parent or both parents the right to
make legal decisions for the child regarding education, health care,
religion, and his or her general welfare.
Sole Legal Custody: when only one parent holds the right to make
legal decisions for the child regarding education, health care,
religion, and his or her general welfare.
Joint Legal Custody:
When both parents hold the right to make legal
decisions for the child regarding education, health care, religion,
and his or her general welfare, without either parent having
superior rights. The most common form of joint legal custody
designates one parent as having primary residential (i.e., physical)
custody.
Currently, in most states, the courts will favor joint legal custody
in situations where the parents have the ability to cooperate with
one another in terms of making decisions that are in "the best
interest of the child." Many divorcing parents do work very hard
towards achieving this goal. Joint custody is definitely not for
everyone and can only come about as a result of rational
decision-making process focused on the past roles and future
expectations of the parents.
Physical Custody:
Defines and declares the child's residency.
Sole Physical Custody:
When the child lives with one parent and the
other has specific visitation rights.
Joint Physical Custody:
When a child is able to reside with each
parent for a substantial amount of time during the course of a
calendar year. The arrangement does not have to be split 50-50, but
it does require some consistent plan or schedule. This type of
custody arrangement is not very common, for it is rare when this
type of arrangement is found to be best for a child.
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