child Custody
How do courts determine who gets custody of children in a divorce?
When parents cannot agree on the custody of their children, the courts look to the “best interests” of the children. Determining the child’s best interests involves many factors, none of which is the most important. California courts have also declared a policy of attempting to allow frequent and continuing contact with both parents. The court has broad power to ensure the welfare of children, however, and will keep that intention foremost in mind when making decisions.
What is the difference between legal and physical custody?
Legal custody means that parents have the right to make important decisions about their children, such as those effecting health, welfare and education. Physical custody refers to the parent a child is living with at any given time. The courts can award both legal and physical custody to one or both of the parents in a divorce.
What does sole vs. joint custody mean?
Joint legal custody means that the parents share in the decision making process about their children. Sole legal custody means that only one parent makes these decisions.
Joint physical custody simply means that the parents share time with their children. Sole physical custody means that the children live with only one parent. Joint custody time-sharing arrangements are flexible and varied. Some parents see their children only on holidays, others split time equally with the other parent. The courts usually award visitation rights to the non-custodial parent in sole custody circumstances.
