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child custody Archives

A child's best interests should govern custody decisions

Readers of this blog who have kids or who spend time around children may have noticed that despite being similar in age, two children may be very different people. Consider two 5-year-olds and how their personalities and characteristics may diverge. One may be outgoing and loud while the other may be reserved and quiet. One may have strong academic skills and the other may struggle to complete basic tasks. One may have significantly stronger control over their emotions than the other, who may succumb to difficult situations and regress to tears. There are an infinite number of ways that children can differ from each other and those differences make every child unique.

When is sole physical custody appropriate?

Readers of this blog may know that there are two forms of custody that may affect parents' rights and responsibilities to their children: legal custody and physical custody. While legal custody allows a parent to have a voice in the decision-making processes of raising their child, physical custody concerns a parent's right to have their child live with them in their house. Many California parents share physical custody of their kids but, in some cases, sole physical custody is granted to one parent.

How is child custody decided in California?

For parents going through a divorce, there is a fear they will lose some of their relationship with their children as time becomes divided between parents. They may be especially worried that they may not receive custody of their child. How are custody decisions made in California, and how do they affect the children's relationships with their parents?

How does legal custody differ from physical custody?

California parents often worry about their children. Even if their kids are well-adjusted, successful in school and thriving in their activities, their parents may have concerns about their health, happiness and well-being. It is natural for parents to want what is best for their children and to want to do whatever they can to provide love and support for their offspring.

What is a parenting plan?

Under California law, the term "parenting plan" is used to inform how physical and legal custody will be shared. The Court is empowered to determine a parenting plan that is in your children's best interests. The Court can order joint physical custody, sole physical custody to one parent and visitation to the other, joint legal custody or sole legal custody.

Factors that California courts may consider during custody cases

Getting married and starting a family is one of the highlights of your life. It can be incredibly rewarding to fill one's home with love and laughter as relationships between parents and children strengthen and expand. For many in the Bay Area, minor hiccups in the happiness and stability of their family life may surface from time to time without causing major problems for the members of the households. However, for others disputes and conflict may drive irreparable breaks between spouses and lead once happily married partners to divorce.

Divorced parents may disagree on a child's schooling

If you are a parent who is divorced or seeking a divorce, you know that the daily decisions that go into managing your child's life are not always easy. When you and your spouse were happily married, agreeing on big decisions for your child wasn't as difficult, but now that the relationship has soured, these choices often involve attorneys, judges and paperwork.

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