Understanding Child Custody Arrangements and Your Rights

Working out how to share custody of a child can be a difficult process. Making decisions for the child can be especially difficult when parents aren’t getting along and struggling for control.

It is important to know your rights and understanding the basic types of custody, the family court system, and your parental rights. Below is some information that can be helpful whether you’re facing legal issues for the first time, or you’ve had an open case for years.

What is Child Custody?

Simply put, child custody refers to the legal rights and responsibilities parents have regarding their children, encompassing both physical and legal aspects.

Types of Child Custody?

Parents or a family court judge will decide how parents share (or do not share) legal and physical custody. Child custody orders can also be revisited in court. This may happen if material circumstances have changed since entry of the last order. Here are some basic types to understand:

Legal Custody: This involves the right to make decisions about the child's health, education, and welfare. California courts generally favor joint legal custody meaning both parents share decision-making responsibilities. 

Physical Custody: This determines where the child lives primarily and how parenting time is shared.  Physical custody arrangements can vary, with options like sole physical custody, where one parent has the child living with them, or joint physical custody where the child spends significant time with both parents. 

Child Custody Considerations

If parents cannot agree on a parenting plan, the court will make the decision based on the child's best interests, taking into consideration various factors and evidence presented

Parenting Plan:  A detailed plan outlining how parents will care for their children, including living arrangements and visitation schedules, is often developed. 

Best Interests of the Child: California courts prioritize the child's well-being when making custody decisions. 

Factors Considered: Judges consider various factors, including the child's age, health, emotional ties, and the parents' ability to provide care, as well as any history of domestic violence or substance abuse. 

Mediation: Courts often encourage parents to participate in mediation to reach an agreement on a parenting plan. 

Modification: Child custody orders can be modified if there's a significant change in circumstances, such as a parent's relocation or a child's changing needs. 

Child’s Preference: If a child is mature enough, their wishes may be considered by the court, but they are not the sole determining factor. In some cases, the court may appoint a child custody evaluator to assess the situation and provide a report to the court. 

Child Custody Advocate

Working through the details of your child’s custody arrangement with your child’s other parent can be stressful. This is especially true if there is animosity between you and your ex. It’s important to know how you might determine child custody arrangements.

Law Office of Kyle Gurwell can provide the strength and support you need. We understand what you are going through and our experience and know-how will help you through the process and get the results you desire and that are in the best interest of your family.

If you are dealing with child custody, schedule a consultation by calling 562-600-9989 today.