Child Custody in California
California Family Law courts’ primary concern in child custody matters is the best interests of the child or children. Parents generally are viewed as having the same rights and responsibilities for their children, but numerous factors are considered when determining child custody and support arrangements during a divorce. A seasoned California Child Custody Attorney from Island View Law in Carpinteria can help you hammer out the best custody and support agreements to fit your specific situation.
Legal Custody and Physical Custody
California Family Law handles custody matters in two components: legal custody and physical custody. These are not necessarily the same and involve different rights and elements of authority.
Legal Custody
The parent granted legal custody of a child or children has the authority to make critical decisions for their welfare, such as education, healthcare, childcare, activities, religious affiliation and activities, vacation, travel, and extracurricular activities.
Physical Custody
Differing from legal custody, physical custody determines which parent the child will live with most of the time; it is their legal residence for all matters.
Both parents may share the two custody components in a joint agreement, or one parent may be granted sole physical or legal custody. The courts will examine numerous elements of the child or children’s relationship with each parent and their age, health, safety,standard of living, and other factors. Each parent’s ability to care for the child will also be considered.
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Creating a Parenting Plan for Custody Issues
Parents must work together to create a parenting plan with custody and support agreements acceptable to the court during the six-month waiting period before a divorce can be granted in California. This plan will outline the provisions for legal and physical custody, visitation arrangements, and other details. A parenting plan will seek to answer questions like:
- Who schedules and attends the child's medical appointments?
- Who takes the child to and from school? Who picks the child up from school when they become sick or in an emergency?
- Who helps the child with homework?
- Who provides or oversees daily physical care?
- Who is responsible for social activities?
- How are visitation exchanges to be conducted?
- Who will have the child on specific holidays, birthdays, and vacations?
The court will likely approve an equitable parenting plan that obviously provides the best possible care and arrangements for the children in the current circumstances without revisions. Your CA Custody Attorney is a valuable resource to help with negotiations, options, and creating the final parenting plan documentation for presenting to the courts in Santa Barbara and Ventura Counties.
It is vital to note that both parents maintain equal rights regarding the children under the law until a court order mandating new arrangements is delivered.
Amending Custody Agreements
Life circumstances can change and require amendments to previous child custody agreements. A Family Law Attorney from Island View Law can help you create and submit a request for custody agreement modifications for things like:
- Career or income changes
- Location changes
- Relationship changes
- School changes
- Military deployments
- New work travel requirements
- Changes in the child’s care needs or other responsibilities
In each case, a formal request must be submitted to the courts for approval. The court will not approve any request not agreed to by both parents. Sometimes, an attorney can better guide these negotiations for a smooth and equitable resolution.
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Help for Your Family Now and In the Future
Our Attorneys believe in solid, long-term relationships. The nature of the legal matters we handle lends itself to forming solid relationships to serve our clients and their families for generations. Estate planning, trust and probate administration, and family matters like divorce, custody, and conservatorships all have long-term factors where you will need seasoned legal guidance and help.
Island View Law is your professional legal services partner for life – wherever life takes you and your loved ones. Call us today at (805) 576-7693 or complete the contact form to request a FREE initial consultation with one of our talented California attorneys.
