Puja Sachdev | July 16, 2024 | Child Custody
When divorcing parents have a child, their divorce often involves a dispute over the custody of the child. Custody disputes can be emotionally charged if the parents do not agree on a custody arrangement. When one parent is seeking full custody of the child, the process can become especially contentious.
Suppose you and your spouse are anticipating a custody dispute. In that case, you need a California family law attorney with experience in custody disputes who can protect your rights and the best interest of your child. They can assist you throughout your entire divorce and custody dispute.
What Types of Child Custody Are Available in California?
In California, a parent may claim legal, physical, or both custody of a child. Each form of custody may be awarded as “joint” or “sole” custody.
What Is the Difference Between Legal and Physical Custody?
“Legal custody” is a parent’s right and responsibility to make decisions relating to the health, education, and welfare of their child. “Physical custody” refers to the right and responsibility of a parent to have physical care and control of the child in their presence, such as having the child reside with the parent in their home. A parent may have both legal and physical custody of a child.
What Is the Difference Between Joint and Sole Custody?
If the parents have “joint legal custody,” then both parents have the right to make decisions on behalf of the child, and they share that right equally.
A parent with “sole legal custody” is able to make decisions for the child on their own, without the input of the other parent, who has no right to make decisions regarding the child’s health, education, and welfare.
If parents share “joint physical custody,” this means that each parent may enjoy significant periods of time in the child’s physical presence. This time with the child may be divided equally, 50/50, with each parent having the same amount of physical custody time with the child, or it may be unequal, where the child simply has frequent and continuing contact with both parents.
If a parent has “sole physical custody,” the child usually resides with that parent and remains under that parent’s supervision. The court may allow the other parent to visit with the child.
What Is Full Custody?
Although having sole custody (either legal or physical) is sometimes referred to as having “full” legal or physical custody, having “full” custody of a child usually means that a parent has both sole legal custody and sole physical custody of the child. Under a full custody arrangement, the parents have no joint custody of either kind.
How Does a Court Decide Between Full and Joint Custody?
The State of California encourages parents to share joint custody of their child and presumes that joint custody is an appropriate custody arrangement if the parents agree to it. However, a court will always determine custody based on what is in the child’s best interest.
What Factors Does a Court Consider When Determining What Is in the Best Interest of a Child?
Generally, it is not in the best interest of a child to reside in a household in which the child is subject to abuse or domestic violence. When these are the circumstances, the court will decide custody in a way that protects the health, safety, and welfare of the child and the safety of all family members.
In making a custody determination that promotes the best interest of the child, the court will consider all relevant factors, including the following:
- The health, safety, and welfare of the child;
- The nature and amount of contact with both parents;
- Whether either parent uses illegal or controlled substances or habitually abuses alcohol or prescription medication.
The court may not consider the sex, gender identity, gender expression, or sexual orientation of a parent in determining the best interests of the child.
A Child Custody Lawyer Will Fight To Protect Your Custody Rights
Every parent is presumed to have a right to joint custody of their child. If you or your spouse are seeking full custody of your child, you need an experienced divorce and family law attorney who can fight for your rights.
Contact Our Family Law Firm in San Diego, CA
Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108