You love your children, and you want what’s best for them. If you are a parent going through a divorce or separation, you are likely concerned about child custody. Judges in California family law cases primarily grant custody in terms of legal custody and physical custody, which can be either joint or sole. Understanding the legal custody vs physical custody can help you determine what kind of arrangement to request.
When you are ready to ask for custody or dissolve your marriage to the parent of your child, Pakpour Banks LLP can help. Our firm has more than a decade of experience serving California families, and we know how to tailor our legal approach to your specific needs. We have the skills and passion to help you reach the solution your family deserves with minimal stress. Contact us today to learn more.
When Can I Ask for Custody?
There are many circumstances that may warrant a petition for custody in California family court. These include the following situations:
- A legal separation between the parents,
- A custody request when the parents are not married or together,
- A divorce between the parents, or
- A case to nullify a marriage between the parents.
In these cases, the court decides how each of the two forms of custody—legal and physical custody—will be managed. These decisions will impact how parents will share decision-making responsibilities and where the child will live and spend their time.
What Is Legal Custody?
Legal custody determines who will have the responsibility to make important decisions about a child’s life. This can include decisions about:
- Education,
- Healthcare, and
- Any other matters affecting the child’s general welfare.
With joint legal custody, both parents share the right to make major decisions regarding their child’s well-being. While courts encourage cooperation, parents may need to develop a process for resolving disagreements when they arise. If one parent has sole legal custody, they are the only one with the power to make these decisions.
What Is Physical Custody?
Physical custody refers to where your child lives. Depending on the circumstances and needs of your family, the court may grant either:
- Joint custody—an arrangement where your child switches between each parent’s home throughout the year, or
- Sole custody—where the child primarily resides with one parent, though the other parent may still have court-ordered visitation rights.
When possible, California family courts try to create custody orders that give both parents significant time and involvement in a child’s life. So, even with sole physical custody, the other parent usually has visitation rights.
The Impact of a Custody Order
Whether the issue is legal vs. physical custody or certain provisions of a childcare arrangement, a custody order can significantly affect the lives of the children and parents involved. For instance, a joint physical custody order may require a child to frequently transition between two homes, which can impact their schooling, friendships, and activities. Alternatively, if one parent has sole legal custody, the non-custodial parent may face challenges in making decisions about extracurricular activities or medical care on their parenting days.
California family courts strive to avoid any disruption in a child’s life when making custody decisions. The courts engage in detailed analysis to come up with an order that best serves the child and adequately protects the rights of the parents.
How California Courts Make Custody Decisions
When making decisions about legal vs physical custody and sole vs. joint custody, California courts prioritize the best interests of the child. Here are some of the many different elements a judge will consider:
- The child’s safety, health, and welfare;
- The amount and nature of contact the child has had with each parent;
- Any history of domestic violence or substance abuse by either parent;
- The child’s wishes, if they are old enough and have the capacity to form an intelligent preference; and
- The ability of the parents to cooperate.
When determining a custody order, the courts generally do not focus on either parent’s gender, sex, sexual orientation, or gender expression. However, if the parents agree on specific details for a parenting arrangement, the court can include those terms in its final order.
How Our Family Law Attorney Can Help
Navigating custody matters can be complex and emotional. A skilled Davis child custody law attorney from Pakpour Banks LLP can help you:
- Understand your rights and options,
- Gather all necessary evidence to support your case,
- Negotiate a custody agreement on your behalf,
- Represent you in court, and
- Manage the emotional stress of family court proceedings.
As your family’s needs change, we can also help you modify and enforce custody orders.
We’re Here to Protect Your Family’s Future
At Pakpour Banks, we understand that the most important factor in custody decisions is your child’s well-being. With our extensive experience in family law matters in the Central Valley, we have the compassion and skill to help you navigate this process as smoothly as possible.
We are here to help you protect your children and your rights. Contact Pakpour Banks by phone or online today for a consultation.
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Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.