PUJA SACHDEV | August 13, 2024 | Child Custody
When child custody is at issue, it can be incredibly stressful for everyone involved. Ideally, the parents can agree on a parenting plan that the court will approve. However, that isn’t always the case.
If you and the other parent can’t agree on custody issues, the court must decide. The court can only make custody decisions that it determines to be in the child’s best interests.
If you’re involved in a custody dispute in San Diego, CA, you may wonder what judges look for in child custody cases.
The court must decide what custody arrangements are in the child’s best interests. In doing so, the court may include consideration of the following factors:
The Child’s Health, Safety, and Welfare
The court will consider whether the child has any specific health needs that one parent is better able to provide.
The court may also consider whether there have ever been allegations of abuse or domestic violence by one of the parents against the child, the other parent, or others. Likewise, the court can consider whether social services have ever been contacted regarding one of the parents.
The court may consider reports of drug or alcohol abuse by either parent, too.
The Child’s Age
A court can consider a child’s age if it is relevant to deciding what is in their best interests. For example, if a young child is still nursing, the court may determine that the child needs to be with the mother. If a child is older, the court may consider other factors, such as the child’s preference.
Stability for the Child
The court will consider the child’s need for stability. This may include the child’s ties to schools, activities, and the local community and how custody arrangements will impact those ties.
Stability can also include the child’s ties to either parent. If one parent has been absent from the child’s life often, the court may consider this.
The Child’s Preference
As mentioned, depending on the child’s age, the court might consider the child’s preferences regarding the parent they want to live with or whether they want to spend time with both parents.
Types of Child Custody in California
There are two primary types of child custody in California family law: legal custody and physical custody.
Legal Custody
Legal custody is the ability to make significant decisions regarding the child. Legal custody includes the right to make decisions about their health, education, and religion.
The court can grant sole legal custody to one parent or joint legal custody to both parents.
Physical Custody
Physical custody is where the child lives and with whom they spend time. A parent with physical custody is responsible for the daily care and supervision of the child.
Joint Physical Custody
A court may grant both physical custody of the child, known as joint custody. Joint physical custody means both parents spend significant time with the child. If the parents have joint physical custody, there will be a visitation schedule defining when each parent has physical custody of the child.
California courts have a presumption that joint physical custody is in the child’s best interests.
An Experienced San Diego Family Law Attorney Can Help With Your Child Custody Case
Whether you and the other parent work out a shared parenting plan or a court decides, an attorney can protect your parental rights.
Contact our experienced San Diego child custody lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Call our San Diego office at (619) 724-4160 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
