Getting Legal Consultation in California for Child Custody Laws in Divorce
In California, child custody is based on the rights and responsibilities shared by the parents for taking care of their child. Child custody laws in divorce California focus on the best interests of the child. According to the California law, child custody has two parts — physical custody and legal custody. Either or both kinds of custody may be awarded to single parent known as ‘sole custody’ or to both parents known as ‘joint custody’.
Physical custody is based on where a minor child lives for its day-to-day care after divorce or separation. This type of custody is fairly different from the legal one. In physical custody, parent has the right to have minor child physically stay in the home. If a minor child lives primarily with one parent, that parent is normally known as the residential or custodial parent. And, the other parent is considered non-residential or non-custodial parent and commonly has visitation rights.
Types of physical custody
California court can provide sole or joint legal and physical custody, or a combination of both. Physical custody is categorized in two forms — sole physical custody and joint physical custody.
- Sole physical custody
In sole physical custody, a minor child will live primarily with single parent, be it father or mother for various practical and legal purposes, including residence, medical and school records etc. Besides, court also provides authority to order visitation time with other parent.
- Joint physical custody
In joint physical custody, both parents will have shared physical custody of their minor child. The main objective of joint physical custody is that a minor child has continuing contact with both parents. In this, child’s time is shared equally between the parents.
Legal custody refers to make significant decisions about a child’s welfare, education, health, religion and other various matters. It can be given in cases:
- Where a minor child will go to school
- Where a minor child will engage in religious activities
- Where a minor child should get medical care (except in emergency conditions)
Kinds of legal custody
Sole legal custody
Sole legal custody implies one parent has the right and responsibility to make all major decisions relating to the welfare, health and education of a child. Sole legal parent can make such decisions without involving the other parent.
Joint legal custody
Joint legal custody is one of the most recommended options for recently divorced or separated couples. In joint legal custody, both parents share the rights and responsibilities to make major decisions relating to the life of a minor child, including its welfare, health and education. This kind of custody is quite common in California.
If you are facing similar issues, consult with specialists in child custody laws after divorce in California.