Child Custody

Los Angeles Child Custody Lawyers

Child custody is the legal authority to make decisions regarding the child’s interests-this is referred to as “legal custody”. Whereas “physical custody” is who is responsible for the day-to-day care of the child. One of the most difficult decisions following a divorce or separation is which parent will have custody. Often one parent will have legal and physical custody while the other parent has visitation rights. It is typical that both parents have legal custody and both parents share physical custody.

The California Family Code empowers the court to make orders regarding child custody matters “that seem necessary or proper”. There are a number of guiding principles chief amongst are:

1. The safety and welfare of the children. The children’s’ safety, health and welfare is the primary concern of the court.
2. That there is frequent and continuing contact with both parents. This allows both parents the rights and responsibilities of child rearing.

Sole Custody Orders

This is an exclusive custody order whereby one parent has the physical control of the child with the rights to make decisions regarding the child’s education, location of residence, health and welfare. The other parent, called a non custodial parent, has secondary visitation rights as per the court order.

Sole Physical Custody

In this case one parent is given exclusive physical custody without exclusive legal custody. Thus the child lives with and is supervised by one parent with the other parent granted visitation rights.

Sole Legal Custody

In this situation, one parent could be awarded sole rights and responsibilities to make decisions regarding the child’s education, health and welfare. However, if sole physical custody is not also granted that parent doesn’t have full control over the child’s supervision and location of residence.

Joint Custody Orders

As in the case of sole custody orders there are a variety of joint custody orders where the parents share the rights and responsibilities.

In making decisions regarding custody of the children the California family courts have wide powers taking into account any relevant information all leading to the “best interests” of the child. California policy very much favors protecting sibling relationship. Thus there would need to be extraordinary circumstances to separate children between custodial homes.