One of the common questions from divorcees is who will get child custody. It’s a fact that when couples can no longer sustain their marriage, they will also fight for child custody. In California, one of the most contested cases during divorce is child custody. While the final decision of who remains with the children lies with the court, it pays to know the many types of child custody and how the court may determine who will win the custody.
Types of Child Custody
If you have issues with child custody, it’s important to know the different types of child custody and the basis used to come up with these orders. That’s why it’s advisable to seek help from Estolano law. Each state has its own laws on family matters, child custody and visitations order are not an exception no matter how similar the law may seem. For instance, while custody is always based on the child’s best interest, each state may have its own meaning of what this could mean. That’s why people are encouraged to have legal advice to avoid unnecessary mistakes. There are different types of child custody. They include:
- Physical custody: Either parent is allowed to live with the child. California State highly advocates for joint physical custody. This type of custody is the best as it somehow maintains the child’s normal routine. Besides, it lessens any effect of a child’s stress due to divorce or separation.
- Legal Custody: Legal custody deals with the most important things in a child’s life. These may include where the child goes to school or their medical care.
- Joint Custody: The child has a chance to receive shared responsibilities from both parents. Whether parents are divorced or have separated, the child can spend significant time with each parent.
- Sole custody: If you believe having joint custody will endanger the life of your child, you can opt for sole custody. Some cases that lender the court to issue such custody is when one parent is accused of child abuse or drug use. In such a case, the parents can still share joint custody where one parent is the primary caretaker. The custodian parent should not to deny visitation rights to the other parent.
Each type of child custody has its own pros and cons. Therefore, to ensure you choose the best, you would rather have an experienced family lawyer guide you.
Types Of Visitation Orders
Apart from child custody, the court requires parents to agree on how to share time with their children. Visitation also depends on the best interests of the child. Below are the types of visitation orders that may be allowed by the court:
- Visitation schedule: Having a schedule allows both parents to avoid conflict since each parent has a predetermined time for spending with the children.
- Reasonable visitation: Parents determine among themselves on when the non-custodial parent may be granted visits. If both parents agree to this plan, it can be beneficial to everyone.
- Supervised visitation: This is the best visitation in cases where there is domestic violence. Supervised visitation may be allowed in public places or any court-appointed facility.
- No visitation: In extreme cases, the court may deny visitation. This is if both parents are deemed to be of danger to the children. In such a case, the court may allow parents to speak to their children via webcam or through the phone.
If you want to know more about custody and visitation orders in California, you can seek help from a family lawyer to help you get a proper visitation plan.
How Do Courts Determine The Best Interest Of The Child?
As easy as the “best interests” may seem to be, not every parent is aware of what is needed of them. One may have good intentions or wishes but find out the court rules them out. When the court is deciding on how to give a directive on child custody, support, or visitation, they consider the below factors:
- The age of the child: The court ensures consistent when it comes to young children. If they grow up, the court may have alternative decisions.
- The parent’s ability to care for the child
- Child’s health
- Any domestic violence or drug abuse in the family
- Emotional ties of the child with both parents
- The child’s wishes: If the child is old enough to express their thoughts on how they may be affected, the court may consider it.
- The parent who has been providing the majority of care to the children. For instance, if one parent travels a lot, the court may decide to give the other parent custody.
There are many ways in which the court may determine the best interests of the child. In whichever way, a parent who wants to win child custody should seek legal advice. A good lawyer understands the complexity of such issues. If you have a case, don’t hesitate to seek legal attention.