CALIFORNIA FAMILY LAW CHILD CUSTODY
FAMILY PRACTICE SACRAMENTO - FAMILY ATTORNEY CALIFORNIA
California Child Custody
Child custody is an extremely difficult area for divorcing parents to face. Parents naturally want to protect the best interests of their children. California law encourages joint custody arrangements, which gives both parents the right and responsibility to make decisions regarding the children’s future. The court also determines physical custody, generally giving one parent primary physical custody and the other parent, secondary custody.
Child custody can be resolved by written agreement or set out in the terms of a court order if the parties are unable to agree. That advice and assistance of attorney Gregg Anderson is extremely important in matters concerning child custody.
Form of the Custody Arrangement
In an agreement or court order, the form of the custody arrangement can vary greatly depending on the circumstances. The judges in the California Courts and the separating or divorcing parents are required by law in determining the terms of the custody arrangement to consider the totality of the circumstances in arriving at a custody arrangement that is in the best interests of the child or children.
Determining Child Custody
The Courts and the parties must consider the suitability or fitness of each parent to have custody of the child or children, the mental and physical well-being of the child and each parent, the relationship of the parent or parents with the child and its nature, duration and extent, any prior good or bad acts or habits of the parties, and the existence or nonexistence of any other familial or other relationships affecting the child. They must also consider the ability of each parent to provide a healthy and stable environment for the child or children as well as the past, present and future care, educational opportunities and experiences of the parents and the child along with interpersonal relationships and exchanges.
Sole, Joint, Split or Shared Custody
Child custody, therefore, can take many forms. It may be sole custody, joint custody, shared custody, split custody or any hybrid form that benefits the child. Often, even, now, one parent (frequently the mother) has been the primary care-giver throughout the child's life, and the parties agree or the court orders that this care-giver should continue to have the child most of the time. Yet, this arrangement may still be referred to as "joint custody" with primary and secondary custody divisions in order to establish the rights and obligations of the parties to have time with and to have a relationship with the child.
Essentially, though, these terms ordinarily are intended to denote a parent's rights to make decisions regarding the child. "Sole custody" ordinarily implies that the parent having the superior right to physical custody has most or all of the decision-making authority. "Joint custody," on the other hand, ordinarily connotes that each parent will have some decision-making authority or rights.
California child custody laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney Gregg Anderson before making any decisions regarding your divorce matters.
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