Child Custody

Child custody is often one of the most difficult areas in a divorce or legal separation.  For many parents, the thought of spending only half of the time, or even less, with their child(ren) is unsettling.  Splitting holidays, when both parents are used to enjoying all holidays with their children, can be a scary thought.  We help walk you through the transition wherein your child(ren)  go from living in one household to possibly sharing time between two households and how you, as a parent, can best support your child(ren) through this change.

In California, we have physical custody and legal custody.  Your divorce judgment will contain orders for both legal and physical custody.

Physical custody in California refers to the living arrangements for a child after the parents separate or divorce. It determines with whom the child will primarily reside and who will be responsible for their day-to-day care. California family courts typically make custody decisions based on the best interests of the child.

There are two types of physical custody:

California family courts prefer to promote frequent and continuing contact with both parents, provided it is in the child’s best interests. Joint physical custody may be awarded if the parents can demonstrate their ability to cooperate and make joint decisions in the child’s best interest.

It is important to note that physical custody is separate from legal custody. Legal custody refers to the right and responsibility to make important decisions about the child’s welfare, such as education, healthcare, and religious upbringing. Legal custody can also be sole or joint, depending on the circumstances.

When parents cannot agree on custody arrangements, the court will intervene and make a determination based on factors such as the child’s age, health, and safety, as well as each parent’s ability to provide a stable and loving environment.