When there are minor children of the divorcing parents, the court also needs to figure out a child custody and visitation schedule for those minor children. Often times parents say that they want full custody of their kids. However, custody is broken up into three different parts. There is legal custody which is most often shared between the parents. This refers to decisions regarding the general welfare of the child like where the child is going to go to school, what religion the child will practice, which doctor the parents will use. Most courts grant joint legal custody unless there have been issues of domestic violence or other form of abuse against the child or the other parent.
Besides legal custody, there is physical custody which refers to where the child will be living. Primary physical custody refers to which parent will have the child for the majority of the time. The parent who doesn’t live with the children will then have visitation with the child or children which is determined either by an agreement between the couple or by a court order.
WHAT TO EXPECT IN CALIFORNIA FAMILY LAW COURTS:
California family laws are set up to assure the health, safety, and welfare of children and frequent and continuing contact with both parents, and to encourage parents to share the rights and responsibilities of child-rearing, consistent with the best interest of the child. A court has the authority in awarding the custody of a child. In certain circumstances, the court may not consider a party’s absence or relocation from the family residence as a factor in determining child custody or visitation. A court considering custody or visitation issues is encouraged to make a custody or visitation order that is are in line with any protective or restraining order that concerns the parties or the minor child, unless the court makes specific findings as to the facts surrounding the parties and the minor child.
The biggest consideration in determining the custody of, or visitation rights to, a minor child is the welfare and best interests of the child. In proceedings where the custody of minor children is involved, the best interests of the children will be given primary and overriding consideration by the judge in the case. The judge will determine a parenting plan that is in the best interest of the child after he or she has heard all the evidence surrounding the case. A judge will look at all the circumstances bearing on the best interest of the minor child, mostly considering the circumstances that exist at the time of the determination, rather than those existing at the time of filing of the petition or at some earlier date.
There is no fixed scientific formula for the care of children, and no one standard of what makes up the child’s best interests, but there are many factors that a court will consider. The following is a breakdown of some of the factors.
IMPORTANT FACTORS THAT A CALIFORNIA JUDGE MUST CONSIDER IN A CHILD CUSTODY CASE:
• the health, safety and welfare of the child;
• any history of abuse by one parent or any other person seeking custody against: (1) any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary; (2) the other parent; (3) a parent, current spouse or cohabitant of the parent or person seeking custody; or (4) a person with whom the parent or person seeking custody has a dating or engagement relationship;
• the nature and amount of contact with both parents;
• the habitual or continued abuse of alcohol or illegal use of controlled substances by either parent (which may require independent sources).
OTHER CONSIDERATIONS THAT HAVE APPEARED IN CALIFORNIA CHILD CUSTODY CASES THAT COULD PLAY INTO THE DETERMINATION:
• a parent’s history of domestic violence;
• misconduct of the parent;
• the parents’ desires or agreements;
• the child’s wishes;
• parents’ religious beliefs;
• parents’ sexual orientation;
• parents’ mental or physical disabilities;
• financial and economic considerations of the parents.
OTHER POSSIBLE FACTORS CONSIDERED IN CUSTODY DETERMINATIONS INCLUDE THE FOLLOWING:
• which parent will offer the child a wider spectrum of interests and promote intellectual growth, social, and moral development;
• whether the parent and the child share common experiences and interests; maintenance of the status quo;
• a parent’s ability to love;
• and the child’s emotional makeup and age;
• the effect of separation of children between parents’ homes has also been considered;
• the separation of siblings is disfavored and should be done only under the most compelling circumstances.
California Court Website – Child Custody & Visitation Information
http://www.courts.ca.gov/selfhelp-custody.htm
California Bar Pamphlet -”What Should I Know About Divorce and Custody?”
http://www.calbar.ca.gov/Public/Pamphlets/DivorceCustody.aspx
OC Family Law Lawyer 