Child Custody
Child custody and visitation decisions are some of the most important aspects of a divorce, as well as some of the most stressful. Whoever has legal custody of a child will have the right and obligation to make decisions about that child.
In California, either parent may be entitled to sole custody or both parents may share joint custody. When determining how
parental responsibilities should be shared, you must determine:
- The primary and secondary residences of your children.
- Whether you and your former partner or spouse desire a rotating custody arrangement.
- How to establish a visitation schedule.
- How you and your former spouse or partner will make decisions that will affect your children.
When determining child custody and visitation matters it is important to carefully consider your children's current and future needs, while keeping in mind each parent's economic situation, personal circumstances, caretaking ability, availability, and each child's bond with other siblings.
It is up to a judge to approve the arrangement, or if the parents are unable to agree, a judge will determine
the custody/visitation arrangements at a court hearing. The factors that a judge may consider to determine what is in the "best interest
of the child" are:
- The child's gender, age, physical, and mental health. If a child is of sufficient age, maturity and intelligence, the wishes of that child.
- The child's established, day-to-day schedule
- How changing the current living situation mght impact the child.
- Both parents' physical and mental health.
- Each parent's lifestyle, as well as other social factors such as whether there is any history of child or sexual abuse.
- The emotional connection between each parent and the child.
- Each parent's ability to provide for the child.
- Both parents' ability and willingness to foster contact and healthy communication between their child and the other parent.
Sometimes a judge may determine that sole legal or physical custody of a child to just one of the parent is in the best interest of the child(ren). A visitation schedule is important for the child's sense of stability and well-being, regardless of the custody arrangement. Parents sharing joint custody are expected to work out housing arrangements. If the parents cannot agree on these arrangements, then a California court will intervene.
When allowing a child to spend time alone with a parent could endanger the child, a court may issue an order for supervised visitation. Supervised visitation is where a parent is allowed to visit with the child only in the presence of an authorized third party.
If neither parent is fit to assume custody of the children (due to mental health problems, drug or alcohol abuse or physical absence) the court may grant child custody to someone else, such as a relative. If a relative is not available the child will be placed in foster care or a temporary guardianship arrangement.