Child Custody in California

We have all heard about legal battles between divorcing or divorced parents over child custody. These battles can be bitter, lengthy, and even end in tragedy when a desperate parent loses control with violent attacks against an ex-spouse or by disappearing with a child. Child custody may be one of the most contentious issues in any divorce. Fortunately, most parents only wish for the best for their children and will try to avoid adversarial courtroom battles which place stress on both parents and children. Often, child custody can be determined between divorcing parents through mediation or negotiation, ending up in parenting plans that work for everyone. When parents cannot reach such terms, however, the issue will have to be determined through the courts, whose chief concern is what is in the best interests of the child or children involved.

Various Forms of Child Custody Arrangements

Child custody is broken down into physical custody and legal custody. These types of custody may be awarded as sole custody or joint custody by both parents. Physical custody refers to where and with whom the child will reside. Legal custody refers to the right and responsibility to make major decisions about the child's health, education, religious training, and welfare. A parent may be given exclusive custody of a child, which involves both legal and physical custody. Most courts, unless there is a strong reason against it, favor a continuing relationship between the child and both parents with frequent contact and shared parenting responsibilities. This amounts to split custody arrangements where each parent houses and cares for the same child for specified periods of time.

Factors Influencing Child Custody

In cases where child custody is contested between parents, the courts will consider numerous factors in determining the custody issue. Any history of domestic violence or physical abuse, corroborated by law enforcement or child protective services, will influence the court's decision. Other issues important to the child custody decision include whether a parent is a registered sex offender, convicted of murder, or has a drug or alcohol abuse problem. Other important factors are the need to keep siblings together and what the child's wishes may be, if old enough to have a reasonable opinion.

Ensuring that your child custody matter is handled to your satisfaction in any divorce is extremely important. A Los Angeles divorce lawyer at the Law Office of Teresa Beyers practices divorce and family law exclusively and is well-versed in all of the legal factors and procedures involved in resolving this issue. To learn more about how your legal rights and interests can be protected, you are encouraged to contact the firm to arrange for an initial consultation about the specifics of your child custody situation.