What Are Some Frequently Asked Questions About Child Custody In California?
Below will be some common questions that people tend to ask involving child custody in Orange County California:
Question: What are some of the Differences Between Physical Custody and Legal Custody?
Answer: Legal custody indicates, which parent will make determinations concerning the child’s life, with decisions on the topics of the following:
- Health care,
• Dental care,
• Child care,
• Extracurricular activities,
• Travel, etc.
Physical custody signifies to which parent the child will reside with. Both physical custody and legal custody can be either solely or jointly granted to both parties or just to one parent.
Question: What are the Differences Between Joint Custody and Sole Custody?
Answer: Sole custody means that one parent is granted control of either physical custody, legal custody, or both.
If one parent is granted sole physical custody, it signifies that the child will reside with that parent.
If one parent is given sole legal custody, it indicates that that parent has the legal right to render all decisions regarding the child’s life.
If both parents are given joint physical custody, it means that their child will spend the time living with both parents. The time spent with each parent may not be equal, but it will be close.
When both parents are given joint legal custody, it indicates that both parents are accountable for jointly making decisions regarding the child.
Question: How is Child Custody Determined?
Answer: Custody of a child can be decided by the courts, or by the parents outside the court.
When deciding child custody, the following issues are significant matters.
- The age of the child – Children of various ages have various needs. It is achievable to modify child custody orders as a child gets older and matures.
- The health of the child – If the child has particular health care needs, the child may need particular accommodations.
- The relationships between the parent and child – In the majority of cases, it is in the child’s interest to preserve a nourishing bond with both parents. If any parent attempts to hinder a child’s relationship with the other parent, it can influence custody.
- Domestic abuse and violence – Judges take abuse and/or violence very seriously.
- The ties the child has to the community – Disruption to a child’s schooling or established community is generally not in the child’s best interest; therefore, changes will be greatly considered.
Question: Does My Child Have a Voice in the Custody Agreement?
Answer: In California, a child’s wants/voice in the custody agreement is a controversial area that judges are still getting used to. In some cases the judge will appoint minor’s counsel in highly contested cases. Therefore minor’s counsel acts as the voice for the child. Sometimes, a child who is at least 14 years old is likely to be asked to share their opinion in court.
Yanez & Associates Divorce & Family Law Attorneys in Orange County have been helping families in Orange County, Los Angeles and Riverside County in the areas of family law, Divorce, Child Custody; Child Support. The firm is considered one of the best family law firms in Orange County and offers free consultations.