Child custody is one of the biggest issues parents face. This is an especially crucial time for fathers during a divorce..
As written, California Law doesn’t favor one parent over the other or discriminate against fathers. Still, it doesn’t always work like that and many men feel the odds are against them.
How is Child Custody Decided?
Increasingly, whether parents are married or not, the courts recognize the importance of keeping both parents in a child’s life. It’s rare to award one parent total control. That usually only occurs in cases of abuse or neglect, where health and safety are in jeopardy.
In California, the parenting plan usually lays out one parent as the “primary residential parent,” while the other gets “residential time.” The parenting plan also establishes:
the decision-making rights and responsibilities for the child’s upbringing. This includes choices about:education, religion, medical care, and more.
When creating the parenting plan, many factors come into play. This includes:
the child’s relationship with each parent,
parenting ability,
the child’s connection to siblings,
ocation,
physical environment, and more.
In the end, the child’s ultimate well-being takes precedence over most other concerns.
PARENTING PLANS
The court document that addresses custody matters is called a parenting plan. These orders define everything involving custody and visitation rights.
Parenting Plans Establish:
where a child lives,
which parent holds the decision-making authority,
how much time you spend together,
who controls choices about education, religion, medical care, and more.
Because it lays out how much you see them and how present you are in your children’s lives, parenting plans are hugely important. It’s vital to protect your rights as a father and ensure you continue to have a major role in your child’s upbringing.
In California, the parenting plan usually lays out one parent as the “primary residential parent,” while the other gets “residential time.” When creating the parenting plan, many factors come into play.
This includes:
the child’s relationship with each parent,
parenting ability,
the child’s connection to siblings,
location,
physical environment, and more.
In the end, the child’s ultimate well-being takes precedence over most other concerns.
Once paternity is established, and only when established, everything progresses the same as married fathers.
Fathers are equal to mothers.
TYPES OF CHILD CUSTODY IN CALIFORNIA
LEGAL CUSTODY
Legal custody gives a parent the right to make decisions about a child’s life.
PHYSICAL CUSTODY
Physical custody grants a parent the right to have a child live in his or her home.
SOLE CUSTODY
Sole custody is when the court gives one parent physical and legal custody of a child. The child lives with one parent who maintains the authority to make all the decisions about upbringing and welfare.
JOINT
Joint custody can refer to either physical or legal custody. It’s when both parents participate in raising a child while living separately.
FINDING “THE BEST” CHILD CUSTODY MEDIATOR
Some things are too important to leave to chance. To give yourself every advantage, look for the best child custody lawyer for your case.
Since two cases are ever the same, “best” is a relative term.
What’s “best” in one situation may not be in another. The key is to find the right fit for you and the specific needs of your case.
What’s “best” for one case can be completely different than another depending on circumstances.
HOW WE CAN HELP
Knowledgeable Information
Child custody laws vary from state to state. We offer real answers over the phone at no charge to you.