Common Questions About Child Child Custody
Unfortunately, getting divorced also impacts children, causing parents to have to reevaluate their current family structure. Child custody is not an easy subject to tackle, especially without an attorney to walk you through the legal process.
Our attorneys at Creative Family Solutions, Cecil Cianci Law, PC are aware that sometimes, families just want to find a quick answer to general questions they may have regarding family law. Child custody falls under the practice of family law, and we wanted to answer a few questions that parents regularly ask us.
Keep reading for general questions and answers about child custody in California.
Q: What is Child Custody?
In California, when you divorce and are no longer living in the same residence, they must initiate a custody case to determine who will be primarily responsible for your kids. This means you and your ex will need to negotiate and agree on the type of custody you’re seeking, and if you can’t agree, we suggest that you hire an experienced child custody attorney.
Q: What are the Different Types of Custody?
There are two types of custody parents can seek called sole legal custody and joint custody.
Sole legal custody gives you the authority to make major decisions for your child for things like their education, health care, activities outside of school, religious practices, and more. Sole physical custody means your home will be your child’s primary residence.
Joint custody means both parents share equal rights and responsibilities for their child. If you have joint custody, you and your ex have the legal right to make decisions for your child.
Q: What is Visitation?
If you do not have custody of your child, then you would receive visitation rights as part of your custody order. If you’re not the custodial parent, then you wouldn’t be given the ability to make major decisions for your child.
Q: How is Custody Determined?
Every custody case is different. During a custody proceeding, there are several factors that can determine how a judge will decide on the type of custody or which parent gains custody rights. Here are some factors that a judge may consider when determining custody:
Your child’s preference for their living arrangements if they’re at least 12 years of age.
You and your ex’s mental and physical health.
If you live out of state or have a primary residence in California.
If you and your ex shared responsibilities before the custody case.
How stable your home’s environment is.
If you are employed.
If you have any history of drug or alcohol abuse.
There are more factors that a judge will take into account when awarding custody to either parent. We suggest that you provide your attorney with enough information to give you a favorable advantage in your custody case.
Q: What if My Spouse Doesn’t Cooperate With the Custody Order?
If your ex is interfering with your court-ordered custody and visitation agreement, your attorney may ask the court to step in. If your ex has trouble with the agreement because their schedule changed, or they moved far away, you may ask your attorney to assist you with making modifications to your custody agreement.
Q: What if I Believe My Spouse Shouldn’t Have Custody?
In California, when a custody arrangement is being discussed and evaluated by a judge, the judge will always side with the best interest of your child.
Q: Do I Need An Attorney?
Because of the sensitive nature of child custody agreements, it is always recommended that you hire a knowledgeable attorney to assist you with your case. Our attorneys at Creative Family Solutions, Cecil Cianci Law, PC have extensive experience with helping families navigate through custody agreements, no matter how complicated they are.
Let us guide you through your custody case and reach us at (916) 675-3866 for more information and to speak with an attorney.