The California family court system and a child’s parents or legal guardians decide child custody in California. The guardians and the court work together to produce a situation that most benefits the child(ren) in question. At the end of the process, child custody can be awarded in full to one guardian, or it may be split between two. Child custody has two forms in California, legal and physical custody.
Legal and Physical Child Custody in California
Child custody in California has two forms. These forms have to do with legal decisions concerning the child’s life and the physical caretaking of the child. While separate, one may retain both full-legal and physical custody if necessary. The California court will rule in favor of whatever benefits the child most.
- Legal custody allows the guardian to make crucial decisions for the child. Decisions could be regarding a child’s education, health, and well-being.
- Physical custody refers to whom the guardian the child lives or resides with
Both are important when it comes to raising a well-rounded child. The courts decide the child custody agreement.
What is Joint Child Custody in California?
Joint custody is quite common in the United States. It is where both parents have split custody over the child. They are both able to make decisions on the child’s behalf. Joint custody can look different depending on the case. The final separation order may split custody 50/50, 60/40, 75/25, and other variations that may include a portion for the payment of legal counsel. The split does not have to be for physical and legal custody; the judge, legal counsel, and parties involved can tailor it in each case. However, California courts prefer offering a 50/50 physical and legal custody split to give both parents equal visitation rights. Both parties can make decisions on the child’s behalf; they do not need to agree on every decision. The courts decide the split during the divorce proceedings.
Is a Divorce Required for Joint Custody?
Joint custody can be for parents who are separating, divorcing, no longer living as a family unit, or other separations. It does not just apply to those who were married prior. It can even be for guardians who never lived together. No matter the arrangement, it is best to contact the legal counsel to explain the specifics of the individual situation to have the best outcome for the child.
Who decides the Split of Joint Custody?
Both guardians can make decisions regarding joint custody. However, the split of custody is dependent on the allocation of legal and physical custody. If the parents fail to reach a consensus, the court will have to intervene. In addition, if the child custody plan is inadequate, a judge may refuse to sign it into an order.
Does 50/50 Joint Custody still Require Child Support?
Child support and child custody are two separate things. In the case of 50/50 child support, it could leave one parent with a heavy financial burden if they cannot provide an equal lifestyle. In cases like this, the courts would decide if one parent was required to pay child support to the other However, it does depend on the earnings of the individual parent and other potential factors. Child support is usually 15% of California’s parents’ monthly income difference.
Can I get Full Child Custody in California as a Father?
According to the U.S. census, only 17.5% of custodial parents are biological fathers. The U.S. court system has a historical bias against fathers, and if there are no extenuating circumstances, the mother usually gets custody. However, when the courts determine custody, the critical factor is which parent has been the primary caregiver for the child.
How Does the Court Decide on a Primary Caregiver for Child Custody?
The primary caregiver would be the parent with majority custody or full custody, both physical and legal. The courts determine this during the divorce proceedings. There are several ways the courts can determine who the primary caregiver is.
The court partially determines the primary caregiver by looking at:
- Who was able to meet the child’s needs?
- What guardian provides the most care for the child?
- Which guardian can provide a stable and safe living environment?
- Who is willing to accept parental responsibilities?
Answers to the questions above will be used by the court to help determine child custody.
Can a Non-biological Parent Win Full Custody?
Yes, if the non-biological parent is the child’s legal guardian, they would be able to fight for custody in the event of separation. A legal guardian has all the rights a parent has typically regarding the child.
How Can One Win Full Child Custody in California?
Divorce is a tricky process. There are several factors involved when you are legally separating from a spouse. Legal separation is especially tricky when children are involved. There are several steps to winning full custody of one’s child(ren).
Sole or Joint Custody?
- To properly prepare for a child custody case, one must decide if they want sole or joint custody. Both options entail different financial and physical responsibility levels the guardian must take on.
Filing the Petition for Child Custody
- At that point, a meeting to secure temporary custody will take place.
- One must file a request with the California family court system to have their case seen by a judge.
Court-Ordered Mediation
- The parents would need to take an orientation class to help prepare for this step.
- A court-ordered mediation would occur without legal council counsel and in the presence of a court-ordered mediator. The meeting’s goal would be to develop a parenting plan. If mediation develops a thorough parenting plan, the judge will consider signing it into a final order in the separation process.
- If mediation fails to reach a parenting plan, a hearing will occur where the judge hears each side’s argument and reviews case information.
The Court Hearing
- The hearing post-meditation is the first time the parents will meet with a judge. Each party and their respective legal counsel demonstrate their case to the judge at this point in the process. If parties agree to a plan after this hearing, they may submit it for the judge to consider. Otherwise, the case will move to the trial phase.
- The trial phase is when the judge considers each party’s argument and decides where the parties have failed to reach an agreement.
- This phase can be long, often taking months to decide.
- At the end of the trial phase, the judge will make a final custody order.
The Final Custody Order
- Once a judge has heard the entirety of the case, they will implement a final custody order. The final-custody order will determine the parenting plan and all legal matters until the child turns eighteen.
What is a Temporary Child Custody Order?
A court may issue a Temporary Child Custody Order in the separation process before making a final-custody order to avoid possible years of waiting. Since several moving factors come with divorces, such as assets, debt, and children, it can take months or even years before a court reaches any final decision. A temporary child custody order allows a basic arrangement before final decisions on custody rights.
Why Does the Court Issue a Temporary Child Custody Order?
Issuing a temporary custody order is done early to ensure the children involved are taken care of before any more time-consuming and sometimes stressful procedures occur. To obtain a temporary child custody order, one must meet with legal counsel early in the divorce process. The parties would agree to temporary guidelines and boundaries of visitation and living responsibilities in this meeting.
What is an example of a Parenting Plan?
Parents setting up a physical custody arrangement to ensure that the kids have a stable living arrangement during the proceedings is a form of boundary and visitation planning. It is important to remember that a temporary child custody order is not permanent, and it may expire, or a court may alter it. Physical and Legal custody can also change when the court issues a permanent custody order.
Contact Pride Legal
If you or a loved one has been seeking child custody, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.