Tag: <span>Joint Custody</span>

Where Will My Child Live?

March 8, 2022April 12, 2022
by Briana White

For a parent, nothing is more stressful than staring down the uncertainty of a child custody battle. You’re worried about how they will cope, what they will think, and—perhaps most importantly—where they will live.

The bad news is: we don’t know where your child will live. Parenting time decisions are made on an individual, case by case basis, so it’s impossible to predict the outcome of your dispute.

The good news is: California courts want what’s best for your child; and this means splitting your child’s time as close to equal as possible.

If you’re worried about where your child will live, read on to find out more about how California courts determine child custody, and what Maples Family Law can do to help you navigate these important issues.

Child Custody: Where Will My Child Live?

To answer the question, “Where will my child live?” we first have to look at child custody, as a whole.

In California, child custody isn’t just about where a child will live. It’s also about who has the authority to make decisions on behalf of that child, and the power they have to influence how that child will be raised. This division breaks child custody down into two main groups:

Legal custody
Physical custody.

A parent who has legal custody has the right to make decisions about their child’s health, schooling, medical care, and religious exposure, and to be involved in all major and minor decisions regarding their child. On the other hand, a parent with physical custody has the right to spend time with their child, and to live under the same roof.

When parents get divorced, the court can no longer assume their child-rearing goals are aligned. As a result, these custody powers must be divided.

Exactly where your child lives—and who gets to make that call—will hinge heavily on how the court divides these powers.

Dividing Child Custody: Joint vs. Sole

In dividing child custody, California courts have options. They can either make parents share, or give power to one parent, alone.

Joint custody occurs when parents must share power.
Sole custody occurs when only one parent has authority.

Both legal and physical custody can be either shared, or given to only one parent, alone.

As a general rule, California courts will almost always divide legal custody equally between parents. Joint legal custody gives both parents an equal say in things like health, education, how their child will be raised. Judges won’t award sole legal custody unless it’s absolutely in a child’s best interest (usually in cases of abuse or neglect).

Physical custody, on the other hand, is another matter. Due to busy schedules, distance, and a myriad of other factors, dividing a child’s time equally between parents can be challenging.

That being said, it’s also pretty dang important, because the division of physical custody plays a huge role in where your child will live.

Sole Physical Custody

A parent with sole physical custody is the primary caretaker for their child, and has a lot of discretion in deciding where their child will live. In California, this often goes hand in hand with sole legal custody (though, not always).

A sole custody parent is still bound by the other parent’s visitation order, however, so they can’t relocate out of state without judicial permission. If an out of state move was requested, the court would revisit the custody order, to see if another visitation arrangement would work better.

Joint Physical Custody

Joint custody is favored by California courts. However, even when both parents are qualified, it can still be difficult to split time exactly 50/50.

Luckily, you don’t have to have a perfect split in order to have joint custody. California courts will consider your arrangement “joint,” so long as your child spends a significant amount of time living with both parents.

A parent who has the greater share of time is sometimes called the “custodial parent,” or “primary residence parent.” (In contrast, the parent with less time is the “non-custodial” parent.)

Custodial parents have primary custody over their child, and as such—so long as they stay within certain geographic boundaries—have a lot of sway when determining where their child will live. Like with sole custody, however, they’re still bound by the other parent’s visitation order, and are still required to involve the other parent in all major decisions.

Child Custody Factors

When it comes to making these custody decisions, California courts will analyze a number of different individualized factors, and choose the outcome that will serve your child’s long-term health and happiness the best.

To figure out what outcome that might be, California courts will consider:

The child’s age;
The child’s mental and physical health;
The child’s emotional needs;
The child’s relationship with each parent;
Each parent’s ability to care for their child;
Each parent’s health and finances; as well as,
Any history of domestic violence, abuse, or neglect.

In addition, California judges may consider a child’s preferences, if they are at least fourteen years old. However, this doesn’t mean the child will get their way.

A child is still a minor until they reach eighteen, and teenagers don’t always know what’s in their own best interest. Hence, judges have the authority to overrule these wishes, and pick the arrangement that will ultimately be in the child’s best interest.

Child Custody Modification

California lawmakers are aware that life doesn’t always stay the same. Change happens, and what works now might not in the future, which is why they’ve provided a way for you to modify your custody arrangement.

Both custodial and non-custodial parents are allowed to petition to modify custody. However, for the court to consider this request, there needs to have been a significant change in circumstance.

Situations that often qualify for this consideration include:

A change in career, death in the family, or other illness requiring significant attention.
A parent has put their child in a dangerous environment.
A new relationship puts the child in harm’s way.
A custodial parent is not complying with a visitation order.
A custodial parent has failed to provide their child with proper care (such as, repeatedly missing doctor’s appointments, or arriving late at school).

A custody modification essentially opens both parents up to scrutiny from the court. So it’s important not to make frivolous requests (otherwise, the results could backfire).

Judges will evaluate new evidence, and either approve or deny the change, based on what would be in the child’s best interest.

Child Custody Attorneys in California

Your custody arrangement can’t work, unless it’s unique to you. Which is why it’s so important to have a family law attorney that you know and trust; someone who isn’t afraid to fight for your child’s best interests.

If you have more questions about custody, and where your child will live, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help find the arrangement that’s right for your child.

Child Custody

Child Custody Overview

December 23, 2021
by Briana White

Child custody refers to the various rights and responsibilities associated with taking care of a child. These authorities and obligations are most commonly associated with divorce; however, they are also relevant to unmarried parents, grandparents, legal guardians, and individuals looking to adopt.

In this child custody overview, we’ll define important terms, talk about parental rights, and help you gain a better understanding of what to expect during this important process.

Child Custody: 101

In the family law arena, child custody refers to the myriad of rights, powers, and obligations associated with caring for a child. Most of the time, we think of these authorities when couples are getting divorce, however, child custody can also be relevant to:

Unmarried parents—couples who are not married, and want a structured parenting plan to govern interactions with their child.
Grandparents—who might be wanting to gain custody over a grandchild who isn’t receiving proper care from parents.
Legal guardians—who may need partial access to certain custodial powers in order to care for a child or incapacitated adult.
Adopted parents—who may want to take on the full mantel a of parental rights for a child who isn’t biologically theirs.

Regardless of circumstances, all child custody cases are governed by the same set of family laws. These laws attempt to make decisions based on what outcome is most likely to serve a child’s best interest.

In California, these custodial powers break down into two main groups: legal custody and physical custody.

Legal Custody

First off, there’s legal custody, which refers to a parent’s decision make authority, and their right to determine how their child will be raised.

This category of custody includes a parent’s right to make decisions about their child’s:

Medical and dental health;
Psychiatric and psychological therapy;
Education and child care;
Religious and cultural exposure;
Travel opportunities; and even,
What extracurricular activities they’re allowed to be involved in (if any).

Most of the time, California parents will end up sharing this authority, equally, meaning that both must pass off on all major decisions.

Physical Custody

The other branch of custody is physical custody. This category refers to a parent’s right to live under the same roof as their child, and to have regular, in-person face time.

Since it’s so difficult to divide a child’s time exactly equal between parents, California courts will almost always assign one parent to be the child’s custodial parent (or “primary residence” parent), while assigning the other ample parenting time in the form of visitation.

A child’s primary residence is where they live most of the time. This parent is in charge of meeting their daily needs, including food, clothing, as well as things like transportation, daily medication, and homework.

Child Custody: Joint vs. Sole

In California, legal and physical custody are assigned separately. To this end, each set of powers can be assigned to one parent, alone (in “sole custody”), or to both, as shared powers (known as “joint custody”).

Most of the time, legal powers are assigned jointly between parents. This means that both must pass off on decisions for their child, and that one cannot act without the express permission and authority of the other. Legal custody is easy to split fifty-fifty, since it doesn’t require a child to be living under the same roof as its parents.

Physical custody, on the other hand, is not as easy to divide equally. Between school, extracurricular activities, competing work schedules, and child care needs, it can be nearly impossible to give each parent an equal amount of face time with their child. Which is why it’s so common for courts to assign one parent to be the child’s primary residence.

To decide which parent will be the child’s primary residence, the court will analyze a number of individual factors, to determine what course of action will be in their best interest.

Primary Residence Factors

Some of the factors the court may consider when deciding on primary residence include:

The child’s relationship with both parents;
The child’s physical, emotional, and educational needs;
The child’s need for continued social stability;
The child’s tie to relatives living in the area;
Each parent’s ability to care for their child;
Any history of family violence; as well as,
Any history of substance abuse by either parent.

Keep in mind that in California, you can still be considered joint physical custodians, even if your arrangement has an uneven division of time.

Child Custody: Visitation

The parent who does not get assigned as the primary residence will still receive ample parenting time in the form of visitation.

A visitation schedule outlines the division of time with your child, and is determined based on what is in your child’s best interest. In California, visitation can be:

Scheduled—a detailed plan that outlines specific dates and times of exchange, including where the child will spend holidays and birthdays.
Reasonable—an open-ended agreement that does not make specific arrangements; instead, parents agree to work out the details between themselves.
Supervised—an arrangement that requires visits to be supervised by another adult, or a professional agency. This type of visitation generally occurs when the child has experienced harm or neglect because of the parent.
No Visitation—a situation where any contact with a parent (even supervised) would be physically or emotionally harmful to the child.

In addition to a visitation schedule, non-custodial parents are often assigned to pay child support.

Child Custody: Child Support

As all parents know, children don’t come cheap, and these expenses don’t end, just because parents get divorced, meaning that—without support—a child’s primary residence parent will inevitably end up shouldering the bulk of costs for these daily needs.

Hence, to offset this imbalanced financial burden, California courts will often require non-custodial parents to pay child support. This ensures both parents are responsible for meeting their child’s needs, and are held equally accountable, accordingly.

In California, child support is calculated using a formula that weighs each parent’s income against their percentage of parenting time. However, the court is allowed to deviate from this formula in situations like a high net divorce, when a higher monthly amount would be more appropriate.

Child Custody: Drafting your Parenting Plan

A family court judge is often needed to help finalize custody matters, however, they aren’t necessarily a requirement, and couples are always free to draft their own parenting plan.

This can be done between individuals—with or without attorneys—or through a more structured process, such as divorce mediation. For some couples, collaborative divorce can be another good, out of court option.

So long as your proposed custody agreement meets certain state guidelines (such as child support minimums), judges are usually happy to sign off on an agreement you reach on your own.

Child Custody: Enforcement and Modification

In California, decisions involving minors are all made under the scrutinizing lens of the best interest of the child. This legal standard requires the court to choose—not what you want, as a parent—but the outcome that will serve your child’s long-term health and wellbeing the best.

When a parent fails to uphold their duties under this order, it’s the child who ultimately suffers the most, and California courts do not take these infractions lightly. Penalties for noncompliance are dependent on the offense, but can result in serious legal consequences, including a restriction on parental rights, fines, and even jail time.

If there is a legitimate life change keeping you from carrying out your responsibilities, then talk to your attorney right away. In some situations, custody orders can be modified, however, these changes cannot be applied retroactively. So it’s important not to wait, if something comes up.

Child Custody Attorneys in California

As a parent, nothing is more important to you than your child. You want what’s best for them, and worry about how divorce will affect them. At Maples Family Law, we understand and empathize with these concerns, which is why we hope you’ll trust us to help.

If our child custody overview hasn’t answered all your questions, we hope you’ll reach out. Call us today at (209) 989-4425, or get in touch online, and let our team of experienced family law attorneys fight for your child’s best future.

family-law

Joint Custody

February 1, 2021
by Briana White

Child custody refers to a parent’s authority to care for their child, and, during divorce, a judge can assign these powers between spouses as joint custody, or to only one parent in sole custody.

The division of such rights can be quite complicated, and couples should not try to resolve these matters on their own. Instead, families should work with an attorney to make sure that both the child’s best interest are being met, and that they aren’t giving up any essential rights. However, that doesn’t mean it has to be a dogfight.

Most couples find that working together to find a child custody agreement makes the whole divorce a lot easier.

But what is custody, and how does it apply to you?

Here’s a little bit about how custody is handled in California, and why you and your spouse are likely to be awarded joint custody rights.

What is Joint Custody

When you become a parent (either biologically, or through adoption), you don an invisible mantle of rights and responsibilities which are inherent to the role. For children born inside the marriage, this parental authority is shared equally and used interchangeably between spouses. However, upon divorce, these powers will need to be distributed between partners, since some responsibilities simply can’t be shared if parents aren’t living under the same roof.

To this end, judges are free to divide parental rights in one of two ways:

Joint Custody—powers are shared between spouses, either unequally or equally; or,
Sole Custody—when authority is given to one parent, alone.

Hence, “joint custody” refers to any situation where the judge orders parents to share parental authority, instead of assigning powers to just one spouse.

Legal and Physical Custody

In California, these custodial powers are broken down into two groups: legal and physical custody.

Legal custody refers to a parent’s right to make decisions on behalf of their child. This includes being able to make major decisions on things like health and education. It also encompasses a parent’s right to sign documents, have access to records, and the right to be able to decide what religious and cultural norms the child is exposed to.

Physical custody, on the other hand, is about where a child spends their physical time. This refers to both where the child will live, as well as visitation (which may or may not be included, depending on how your judge divides physical custody in your parenting plan).

Both of these custodial power groups (legal and physical) can be shared, jointly, or held by one parent in sole custody.

Joint Legal Custody

If you and your partner are awarded joint legal custody, this means that you share the right to make choices about your child’s health, welfare, and education. In these situations, both of you must pass off on all major decisions that require parental authority (such as surgery), and you are each granted equal access to records and information.

As a general rule, courts are loath to take away a parent’s right to choose how their child is raised. And since legal authority doesn’t necessarily require parents to live under the same roof, parents end up sharing legal custody as joint partners in the majority of California divorce cases.

Why a Judge Wouldn’t Award Joint Legal Custody

It doesn’t happen often, but in rare cases, one parent is awarded sole legal custody. This usually only happens in extreme circumstances, though, such as when:

It’s in the child’s best interest for one parent to have exclusive rights and responsibilities;
The parents have proven they cannot make decisions together;
One parent is unfit; or,
One parent is incapable of making decisions.

As you can see, most of these situations revolve around harm, which means that—short of something more serious, such as neglect, domestic violence, or criminal activity—your pleas for sole legal custody probably won’t be awarded.

In short, being a bad spouse doesn’t mean someone is a bad parent, and the only time courts do not grant joint legal custody is if doing so would hurt the child, somehow.

Joint Physical Custody

When parents share joint physical custody, this means they both have the right to have the child physically present in their homes for significant periods of time. Unlike legal custody, however, physical custodial powers have to be divided (rather than shared), since a child cannot be in two places at once. The split doesn’t have to be 50-50, though.

While it is (technically) possible for joint custody to be split 50-50, because of outside influences like work, school, extracurricular activities, and childcare arrangements, dividing a child’s time exactly equally between parents is almost impossible.

Instead, it’s much more common for the court to assign one parent to be the “custodial parent” (or rather, the child’s “primary residence parent”), while the other (the “non-custodial parent”) receives ample visitation.

Examples of Joint Custody Division

Custody and visitation can be divided any number of ways. One of the most common plans is for parents to alternate weeks, starting on a certain day. Monday is a common choice for these families (since it’s practical for school and work reasons), and in this situation, your joint custody agreement could look like this:

	Mom	Dad
Week 1: Monday – Sunday	✓
Week 2: Monday – Sunday		✓
Week 3: Monday – Sunday	✓
Week 4: Monday – Sunday		✓

Other families might prefer to break up this “alternating week” cycle, and include a midweek visit. That way, kids and parents don’t have to go a full week without seeing each other.

If that was the case in your situation, your custody schedule might look like this:

	Mom	Dad
Week 1: Sunday – Tuesday	✓
Week 1: Wednesday		✓
Week 1: Thursday – Saturday	✓
Week 2: Sunday – Tuesday		✓
Week 2: Wednesday	✓
Week 2: Thursday – Saturday		✓
Week 3: Sunday – Tuesday	✓
Week 3: Wednesday		✓
Week 3: Thursday – Saturday	✓
Week 4: Sunday – Tuesday		✓
Week 4: Wednesday	✓
Week 4: Thursday – Saturday		✓

There are also visitation schedules that combine every other week with every other weekend, prolonging the visit for an extra weekend each cycle. This arrangement is common during the summer, for parties who live more than twenty-five miles away from each other.

Other plans might include:

Three days on, four days off;
Alternating three days on, four days off;
Two weekends a month;
Alternate weekends plus two weeks during summer;
Every other holiday; or even,
All time when the child isn’t in school.

This is by no means an exhaustive list. The number of combinations and options available to couples are extensive, and ultimately, the type of joint custody agreement you and your ex-spouse work out will be up to you. After all, only you know what’s best for your family.

Couples who are interested in having more flexibility in drafting this arrangement, however, should try to avoid divorce litigation. Instead, consider an alternative method of dispute resolution, such as mediation or collaborative divorce.

Your Stockton family law attorney can help you figure out what parenting time agreement will work best for your unique situation.

Do You Need to Talk to a Lawyer About Child Custody?

At Maples Family Law, we welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at (209) 989-4425 for a divorce case review with an experienced Stockton divorce lawyer, one who can give you the advice you need to begin moving forward.

Child Custody

Parenting Time Agreements in California: The Basics

November 12, 2019August 12, 2020
by Angie

In California, parenting time agreements cover important information about:

How much time a child will spend with each parent
Information on how the parents will make decisions about important issues regarding the child

Parents can share time with the kids, or the court could award physical custody to only one parent. A judge makes the final decision on custody, but it’s usually up to the parents to come up with an agreement that’s fair for everyone.

Here’s what you need to know.

Parenting Time Agreements in California: The Basics

A parenting time agreement, commonly called a custody and visitation agreement, is a written agreement that both parents are responsible for upholding. It includes time-share information, which pertains to how much time each parent gets to spend with the kids, as well as decision-making information, which pertains to how the parents will make important choices about their child’s health, education and welfare.

Related: Preparing for divorce

Time-Sharing in Parenting Time Agreements

When you and your soon-to-be ex-spouse come up with a parenting time agreement, you have to remember that it must be fair to everyone involved – and it must meet your child’s best interests. If it doesn’t, the judge in your case will not agree to sign it and make it an official order.

The time you share with your children is referred to as physical custody. Physical custody can be joint, which means that your children live with both of you at different times. It can also be sole or primary, which means that your kids live with one of you most of the time and visit the other parent.

California courts recognize that kids benefit most from frequent and meaningful contact with both parents, which means you should divide your time fairly. Visitation can fall into a few categories:

Scheduled visitation. Scheduled visitation relies on a written schedule that details exactly when the children will be with each parent. These types of visitation plans help avoid confusion and can prevent conflicts because everything is already clear-cut.
Reasonable visitation. If your agreement just provides time for “reasonable visitation,” it won’t have a schedule with specific details. These types of orders let you and your ex-spouse work things out on your own, and they can work if you two get along very well. However, disagreements and misunderstandings can make these types of agreements difficult to deal with.
Supervised visitation. If your children’s safety and well-being require supervised visitation, your parenting time agreement will reflect that. Only the judge can decide whether supervised visitation is actually necessary. You can ask your Stockton divorce attorney to request it if there’s a situation in your family that you believe warrants supervised visitation.

Legal Issues in Parenting Time Agreements

Your parenting time agreement should also include information on how you and your ex will make major decisions about your children. These decisions can be made jointly or by only one of you, and they include things like:

School or childcare
Religious activities or institutions
Psychiatric, psychological, or other mental health counseling or therapy needs
Visits to the doctor, dentist, orthodontist or other health professionals (except in emergency situations)
Sports, summer camp, vacations or extracurricular activities
Travel

If you and your ex share legal custody, you both have the right to make these types of decisions. However, if only one of you has legal custody, that parent is authorized to make all the decisions – even if they apply while the children are with the other parent. The only exception is for emergency medical care; the parent who physically has the children when an emergency arises is authorized to make those decisions.

Do You Need to Talk to a Lawyer About a Parenting Time Agreement?

If you need to discuss setting up a parenting time agreement with an attorney, we may be able to help you. Call us right away at (209) 546-6870 or contact us online to schedule a consultation today.

Child Custody

What is the Best Interest of the Child in…

July 17, 2019July 17, 2019
by Angie

What is the best interest of the child in California? If you’re like many people, you’ve heard that phrase before – but what does it mean, and how does it apply?

Here’s what you need to know.

What is the Best Interest of the Child in California?

When you hear the term the best interest of the child, it’s generally about child custody. When the courts have to make a determination on custody, such as where a child will live and which parent will make important decisions about the child’s life, the judge has to look at what’s best for the child.

The courts recognize that children’s health, safety and welfare are the most important things. The courts also recognize that kids benefit from frequent and continuing contact with both parents.

Some of the factors the courts will look at when determining the best interest of the child in California include:

The child’s age
The child’s health
The emotional ties that each parent shares with the child
Each parent’s ability to care for the child emotionally, physically or financially
Whether there’s a history of family violence or substance abuse
The child’s ties to home, school and community

Ultimately, what’s best for the child will win the day in court.

The Best Interest of the Child in California: Full vs. Joint Custody

California custody laws provide parents with the opportunity to work out their own custody agreements. As long as the agreement the parents reach is fair to everyone involved – and especially to the children – the judge is likely to sign off on it. However, sometimes the courts have to intervene and make a determination on custody on their own. This can happen when the parents simply cannot agree, even with mediation, or when the court has information that shows a certain arrangement would be better for the kids involved.

There are two main types of custody: legal and physical.

Legal custody refers to a parent’s authority to participate in major decisions about the child’s health, education and welfare.

Physical custody refers to the child’s physical presence with a parent.

Most parents share legal and physical custody – that’s called joint custody. However, in some cases, only one parent has legal custody. Sometimes only one parent has legal and physical custody, too. Usually, that happens when:

It’s in the child’s best interest for only one parent to have those rights and responsibilities
The parents have proven to the court that they are unable to make decisions together
One parent is unfit
One parent is incapable of making decisions or of caring for the child

Modifying Custody Because it’s in the Child’s Best Interest

Sometimes the court will enter an order when parents split up, but later, the order stops working as it should. For example, if the parents are supposed to share physical custody of the child, but one parent moves across the country, the custody order will need to be modified. Another example might be if one parent is putting the child in a dangerous environment, or if he or she is failing to properly care for the child.

Custody orders can be modified, but you’ll have to ask the court to agree to a new plan. Your attorney can file the appropriate petitions and walk you through the process.

Do You Need to Talk to an Attorney About Custody and the Best Interest of the Child in California?

If you’re going through a divorce, or if you need to change your custody agreement, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

What is a Motion to Modify Custody?

June 22, 2019August 4, 2020
by Angie

If your child custody arrangement isn’t working out – or if it’s no longer in your children’s best interest – you may be able to file a motion to modify custody.

But what is a motion to modify custody, and how does it work?

Here’s what you need to know.

What is a Motion to Modify Custody?

A motion to modify custody is a legal document your attorney can file with the court on your behalf. (A motion is a request for the court to do something.)

The judge assigned to your case will look at your motion and make a decision based on what’s in your child’s best interests. In order to file a motion to modify child custody, you have to have the legal grounds to do so.

What Are the Legal Grounds to Modify Custody?

If you want to change your custody agreement, you’ll have to show the court that there’s been a change in circumstances. That change in circumstances must make your current agreement unworkable. Some common reasons people file a motion to modify custody include one parent:

Needing to relocate because of work or personal reasons
Exercising religious practices that are harming the child
Putting the child in a dangerous environment
Preventing the other parent from seeing the child
Failing to properly care for the child

These aren’t the only reasons people have for changing their custody arrangements – they’re just some of the most common. If you feel your circumstances (or your child’s circumstances) have changed enough to justify asking the court to modify your order, talk to your attorney. He or she can explain how the court might view your request, as well as file the appropriate paperwork.

Related: What is full custody?

When Can You Ask the Court to Modify Your Custody Arrangement?

You can ask the court to modify your custody arrangement any time there’s a significant change in circumstances. As long as the judge in your case has issued a custody order, you can file a petition to change it.

What Should You Include if You Ask the Court to Change Your Agreement?

If you would like the court to change your agreement, you’ll need to come up with an alternative. Prepare a plan that details scheduled visits and all the other changes you want to make. That way, your attorney can get it on the judge’s desk – and the judge can make a decision based on facts.

You’ll have to explain why you think it’s necessary to change the existing order. If your child’s other parent disagrees, he or she will have the opportunity to say so (and explain why).

Your attorney will be able to give you guidance on modifying your custody agreement, and he or she might even suggest that you talk to a mediator so you and your spouse can agree.

Does Your Child Have Any Say?

In some cases, the courts will take the child’s preference into consideration. Typically, though, the judge won’t allow very young kids to state a preference for living with one parent or the other. If your child wants to have a say in the matter and the court allows it, the judge will consider your child’s:

Age
Maturity level
Intelligence level
Motivations

What if the Proposed Plan Isn’t in Your Child’s Best Interests?

The court’s main concern is always the best interests of the child. That means that if you submit a proposed change that isn’t best for your child, the court can – and will – kick it back and tell you to try again. Remember, the legal system in California is set up to protect children… and the law recognizes that a child has a right to both of his or her parents.

Do You Need to File a Motion to Modify Child Custody?

If you need to ask the court to change your custody agreement, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can also help you with issues related to parentage and child custody, spousal support and other divorce issues.

Child Custody

What is Joint Custody?

February 13, 2018January 17, 2019
by Angie

Child custody in California can be a complicated matter that requires families to work with an attorney. However, if you and your spouse can agree on a child custody agreement, your whole divorce will be a lot easier. But what is joint custody, and how does it apply to you?

What is Joint Custody?

The term joint custody can refer to legal or physical rights. When two parents share joint legal custody, it means they both share the right and responsibility to make decisions about a child’s health, welfare and education. When two parents share joint physical custody, it means they both have the right to have the child physically present in their homes for significant periods of time.

Joint Legal Custody

Joint legal custody means that the parents share the rights to making decisions about the child. In the majority of cases, parents have joint legal custody. In rare cases, one parent is awarded sole legal custody, such as when:

It’s in the child’s best interest for one parent to have exclusive rights and responsibilities
The parents have proven they cannot make decisions together
One parent is unfit
One parent is incapable of making decisions

Joint Physical Custody

Joint physical custody means that the child lives with both parents for a significant amount of time. Joint custody doesn’t have to be 50-50, though – just close to it. Otherwise, one parent is the custodial parent and one is the non-custodial parent, and the child simply visits (sometimes overnight) with the other parent.

Joint Custody Examples

In some cases, parents alternate weeks starting on a certain day. If, for example, you and your ex-spouse wanted to start the week on a Monday (which is practical for school and work reasons), your joint custody agreement would look like this:

	Mom	Dad
Week 1: Monday – Sunday	✓
Week 2: Monday – Sunday		✓
Week 3: Monday – Sunday	✓
Week 4: Monday – Sunday		✓

Sometimes families prefer alternating weeks with a midweek visit, so kids and parents don’t have to go a full week without seeing each other. If that was the case in your situation, your custody schedule would look like this:

	Mom	Dad
Week 1: Sunday – Tuesday	✓
Week 1: Wednesday		✓
Week 1: Thursday – Saturday	✓
Week 2: Sunday – Tuesday		✓
Week 2: Wednesday	✓
Week 2: Thursday – Saturday		✓
Week 3: Sunday – Tuesday	✓
Week 3: Wednesday		✓
Week 3: Thursday – Saturday	✓
Week 4: Sunday – Tuesday		✓
Week 4: Wednesday	✓
Week 4: Thursday – Saturday		✓

The type of joint custody agreement you and your ex-spouse work out is ultimately up to you, though. Only you know what’s best for your family and what will make everyone happiest and healthiest.

Your Stockton family law attorney can help you put together a parenting time agreement.

Do You Need to Talk to a Lawyer About Child Custody?

We welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Child Custody

Child Custody Laws in California: What You Need to…

March 27, 2017May 24, 2020
by Angie

Child custody laws in Stockton (and elsewhere in California) are in place to protect the best interests of the children—but they can be a bit confusing. For this reason, many people choose to work with a Stockton family law attorney who understands how our custody laws will impact their families.

Child Custody Laws in California: Types of Custody

There are two types of child custody in California: Legal and physical. Each type of custody requires parents to fill different roles, but no matter who has either type of custody, the state requires both parents to contribute equally to their children’s well-being. Many parents share both types of custody, but there are cases in which one parent is awarded sole legal or sole physical custody of the children in divorce or when unmarried parents split up.

Legal Custody Laws in California

The term legal custody refers to the obligation of one or both parents to make important decisions for the children. Those decisions can include healthcare, education, and general welfare, as well as religious upbringing and a handful of other big issues.

If parents share legal custody, they both have the right to make decisions about their children’s lives. However, one parent can still make a decision alone.

Physical Custody Laws in California

The term physical custody refers to the obligation of one or both parents to provide a place for their children to live. A large majority of parents share physical custody—when this happens, it’s called joint physical custody—but that doesn’t mean that kids live with one parent half the time and with the other parent the other half of the time.

In some cases, one parent is awarded sole or primary custody. In these cases, the children live with one parent most of the time but still typically visit the other parent.

How Do California’s Child Custody Laws Determine Each Parent’s Rights?

California’s child custody laws require the courts to consider several factors when a judge is awarding custody. Naturally, both parents have the right to state their preferences in court and explain why they want legal or physical custody.

The court will consider:

The child’s age
The child’s health
The emotional ties that exist between each parent and the child
Whether the parents have the ability to care for the child
Whether there’s any history of violence or substance abuse among the parents
The child’s ties to his or her home, school, and community

Do California Courts Automatically Give Custody to the Mother?

It’s a common myth that the courts “automatically” award custody to the mother. Our child custody laws are very clear that the courts have to consider several factors, and, above all, put the child’s best interests first.

What if You and Your Spouse Agree on Child Custody?

Lots of couples agree on child custody and come up with their own visitation schedules. As long as the court sees that the agreement is fair to the children, and as long as you both understand what you’re committing to, parental agreements are usually fine.

It’s important to remember, though, that even if you and your spouse agree on a custody and visitation agreement, it’s not legally enforceable unless you’ve turned it in to the judge and he or she has turned it into a court order.

What if You and Your Spouse Don’t Agree on Child Custody?

If you and your spouse can’t agree on a child custody arrangement, the courts will decide for you. Your attorney will probably suggest that you try mediation or compromise so that you and your soon-to-be ex can reach an agreement on your own for three reasons:

It’s easier on your children (and you)
Fighting over custody in court can become expensive quickly
You may not like the final decision the judge makes

Do You Need to Talk to a Lawyer About Child Custody Laws in Stockton?

We understand that child custody is one of the most difficult parts of divorce, and we’re here to help you make the best decisions—not only for your kids, but for yourself.

Call us at 209-910-9865 today. Tell us about your situation so we can begin developing a strategy that gets you and your children the best possible outcome.