These include:
- Physical custody. This involves where the child will live. In joint physical custody, the child will reside with both parents on an alternating schedule. Joint custody may not be a 50-50 split due to various factors such as the need to maintain current daycare or school locations. In such cases, the child will likely reside with one parent more than the other. This parent is often referred to as having primary physical custody while the other parent has a set number of overnights or weekends.
- Legal custody. This type of custody gives a parent the authority to make major life decisions for the child, such as schooling/education, health and dental care, religious upbringing, and any other relevant issue.
- Third-Party Custody. This kind of custody is granted when giving custody to one of the child's parents would be detrimental to the child's overall well-being. Custody can be awarded to grandparents, guardians, family members, relatives, or friends. However, the court cannot appoint this type of guardianship, and it must be initiated by the third party in order to be granted custody.
Courts often consider various factors when examining custody arrangements, such as the ability of parents to cooperate, the geographic proximity of the parents’ residences, and the child's adjustment to home, school, and community settings.
Custody can be arranged in any combination of joint or sole for both types. Courts, however, favor a child maintaining a frequent and meaningful relationship with both parents unless some reason would make this unsafe for the child, such as domestic violence or substance abuse. Courts always seek a solution that they believe is best for the child and operate on the basis that both parents have an equal right to custody. Courts also do not favor mothers over fathers.
What is a Parenting Plan?
A parenting plan is a schedule that is constructed outlining the time spent with each parent. Where joint custody has been granted, such a plan would detail the schedule the child would maintain in living alternately with each parent. In creating such a plan, it is important to be as detailed as possible, also laying out arrangements for:
- Holidays
- Special occasions
- Summer breaks
- Birthdays
- How the child is to be transported back and forth between homes
A well-thought-out parenting plan can reduce conflicts and clarify expectations, which ultimately benefits the child's sense of stability and security. Parents should consider incorporating terms for resolving potential disputes and methods of communication.
Alternative dispute resolution methods such as mediation can also be valuable in the development and revision of parenting plans, fostering collaborative decision-making while reducing the likelihood of contentious court proceedings.
Visitation Schedules for Noncustodial Parents
Where sole physical custody has been granted, a “visitation” schedule may be arranged giving the noncustodial parent specific time with the child. The more specific any type of plan is, the less chance there will be for disputes. The more the plan is adhered to, the more stability the child will have.
Visitation schedules can be diverse, including weekend stays, mid-week visitations, and extended time during school holidays. Tailoring these schedules to fit the lifestyle and commitments of the family can alleviate conflicts and promote positive interactions.
If you and the child’s other parent can create custody and parenting time arrangements on your own, these can be submitted to the court for approval. If approved, they can become a family law court order that is legally binding.
How Do Courts Decide Custody in California?
In the event that you and your co-parent cannot agree on custody arrangements, it will be left up to the court to decide. Courts may look at many factors in deciding these matters.
Determining factors may include:
- The child’s age and health
- The child’s connections to home, school, and other activities
- The relationship the child has had with each parent
- Whether one parent has acted as the main caregiver
- Whether a parent will foster the child’s relationship with the other parent
- The parenting skills of each parent
- Each parent’s financial resources
- Any other factor that the court finds relevant to the matter
In court, the objective remains to create a balanced environment aimed at the child’s emotional and psychological well-being. Parents who demonstrate a cooperative spirit and a focus on the child’s needs, rather than personal grievances, often receive more favorable consideration.
Courts may also utilize the expertise of child psychologists or custody evaluators to provide recommendations that serve the child’s best interests.
In cases where a child is at least 14 and mature enough to have a preference for mainly living with one or the other parent, the court may support this preference.
Establishing Paternity in California
Paternity cases involve unmarried parents. An unmarried mother may seek to have paternity established in order to obtain child support from the father through a court order. On the other hand, an unmarried father may wish to establish custody of his child so as to have the right to be legally involved in the child’s life. Either parent can take legal action to achieve this. Paternity is generally discovered by DNA testing and, where it is established, the biological father may then be legally obligated to pay child support as well as seek custody/visitation rights.
It is crucial for both parents to recognize that legal paternity offers the child access to benefits like inheritance rights and eligibility for social security and health insurance. Fathers may also find that establishing paternity nurtures stronger father-child relationships.
Legal guidance throughout the paternity process can help streamline proceedings and ensure that the rights and responsibilities of all parties are clearly delineated.
Can Custody be Granted to Someone Other Than a Child's Parents?
In cases where parents are deemed to be physically or emotionally harmful to a child, other individuals may seek custody of the child. This type of custody may be granted to grandparents, other family members or relatives, legal guardians, or friends. Courts will need to evaluate any child custody request to verify the circumstances and rule in what it believes to be the child’s best interests.
Initiating a third-party custody petition often requires substantial evidence to assert the child’s need for alternative guardianship. Potential situations could involve foster care options or state intervention if immediate concerns for the child's safety and welfare exist.
Curtis Family Law offers guidance in navigating the complexities of these cases, balancing legal obligations with the best interests of the child involved, while ensuring that all relevant evidence and arguments are compellingly presented in court.
Common Child Custody FAQs
How Can I Modify an Existing Custody Order in California?
Modification of an existing custody order in California is a process initiated when a significant change in circumstances affects the child's welfare. Reasons may include relocation, changes in work schedules, or any factor impacting the child's well-being. To modify the order, one must petition the court with evidence supporting the request.
To commence this process, collect documentation illustrating the change in circumstances. This could involve new job letters, relocating information, or medical records indicating a change in the child's needs. File a request for modification with the family court, and ensure notification of the other parent. Legal consultation is crucial during this process to navigate paperwork, prepare for hearings, and present evidence effectively. Courts prioritize maintaining the child's stability, so demonstrating how the modification supports this is vital.
What Happens if a Parent Violates a Custody Order?
If a parent violates a custody order, the repercussions can be significant and multifaceted. Initially, it's crucial to document every instance of non-compliance – dates, times, and any communication involved can create a compelling case. Following documentation, the aggrieved parent should reach out to the offender to resolve the issue amicably, sometimes forestalling further legal action.
Should informal resolution efforts fail, one must file a motion with the court to enforce the existing order. This may lead to mediation attempting to resolve the dispute, or possibly a hearing for the court to reassess the custodial arrangement. Courts possess the authority to impose sanctions on the violating parent, which can include fines or adjustments to the custody arrangement. Persistent violations could escalate to contempt of court charges, seriously impacting the offending parent's custodial rights.
How is Child Support Determined in Custody Cases?
Child support determination in custody cases hinges on multiple factors to ensure a fair contribution to the child’s upbringing. Primarily, the court evaluates each parent's financial situation, often requiring income documentation, tax returns, and any pertinent financial assets. Child support guidelines also consider the custody arrangement itself – the more time a parent spends as the custodial guardian, the less they may pay in direct child support.
The state of California adheres to a defined formula that takes into account both parents' incomes and the time each parent spends with the child. That said, additional considerations including healthcare needs, educational expenses, and any special requirements of the child are also factored in. Legal assistance can provide clarity on these determinations and help negotiate an arrangement that aligns with both the child's needs and parental capacities.
What Should I Know About Relocating with My Child?
Relocating with a child under a custody order involves complex legal nuances that must be addressed carefully to ensure compliance and maintain custodial rights. First and foremost, it’s imperative to consult the current custody agreement. In many situations, the existing order may stipulate conditions or prohibitions regarding relocation. The parent wishing to move must typically provide formal notice to the other parent detailing the relocation, including the intended new residence and relocation rationale.
In cases where relocation is contested, a court may require mediation or a hearing to determine whether the move aligns with the child's best interests. Significant factors include the distance of the move, the reasons behind it, and its impact on the child's education and social life. Legal representation is particularly beneficial in such circumstances to effectively present arguments and navigate the complexities inherent in interstate relocations. Courts will always prioritize minimizing disruption to the child's established routine and support network.
Turn to Our Experienced Long Beach Child Custody Lawyer
Regardless of the nature of your child custody case, whether due to divorce, paternity, as a third-party seeking custody, or in any other circumstances, our firm can provide the knowledgeable and skilled representation you need in seeking a favorable outcome. We will fight for your legal rights and pursue a result that safeguards your future with your child for years to come.
Our client-focused approach ensures that your concerns and objectives are prioritized, and our deep familiarity with California family law offers you a tactical advantage in court proceedings.
Find out how we can assist you with child custody. Contact Curtis Family Law today at (562) 315-7107.
