Understand the Two Types of Child Custody in California
Divorce is a very difficult and often emotional experience, but the situation can be even more complicated when young children are involved. The degree to which a family law court will become involved in the child custody case will greatly depend on whether the parents of the child can communicate with each other to negotiate a parental agreement. Even when a decision is amicable, however, parents need to understand that their rights are responsibilities as a parent will be involved. Whether or not a case is amicable, it is essential to obtain the support of a experienced family law attorney. Inland Empire’s top family law attorneys at the Knez Law Group, LLP are able to skillfully protect your family’s best interests.
At the Knez Law Group, LLP, the law firm takes great pride in providing exceptional support, counsel, and aggressive advocacy that their clients need in a child custody dispute. The law firm understands the possible ramification of the case and the effects the case can have on a child’s stability and well-being. For this reason, the attorneys at the Knez Law Group, LLP work closely with their clients to build a strong legal strategy that will correspond with their unique situations and family dynamics. Consider obtaining the support of the experienced family law attorneys at the Knez Law Group, LLP on your side. Schedule a free consultation with the law firm here.
The Types of Child Custody in the State of California
The State of California has two types of custody: physical custody and legal child custody. Parents must understand the difference between these categories of custody to protect their rights and responsibilities as a parent in the state.
Physical Custody
In California, physical custody refers to who the child physically lives with. Parents can either have joint physical custody or sole physical custody to one parent with visitation to the other, as follows:
- Joint physical custody means that each of the parents shall have significant periods of physical custody. (Cal. Fam. Code § 3004) Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents in which the minor will divide his or her time between the parents. It should be noted that the time divided between the parents does not have to be split equally.
- Sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. (Cal. Fam. Code § 3007) The minor will live with the sole physical custodial parent, and visitation with the non-custodial parent.
Legal Custody
In California, legal custody refers to the making of major decisions affecting the health, safety and welfare of the child, such as the medical services the child will receive, where the child will go to school, and what religion the minor will be brought up with. The two types of legal custody arrangements are:
- Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Cal. Fam. Code § 3003)
- Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Cal. Fam. Code § 3006)
Stay Informed About Your Parental Rights, Speak to an Experienced Attorney Today
Since physical and legal custody can be joint or sole, parents have to understand what their legal rights are. Consequently, if you are facing a child custody dispute, it is important that you obtain the support of a knowledgeable attorney who can champion on your behalf.
The family law attorneys at the Knez Law Group, LLP recognize that when minor children are involved, the family law matter must be handled with utmost care and attention. With many years of legal experience, the law firm is prepared to represent your case and fight for your rights. Consider scheduling a no-obligation consultation with a law firm that truly cares.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.