What is Joint Custody?
Counsel From Our Santa Maria Child Custody Lawyer
Divorce can be a difficult time fraught with anxiety and frustration, even
more so when children are involved. California courts generally favor
joint custody when it comes to children in
divorce proceedings in order to allow for both parents to have significant time
with the child. When you are going through a divorce and need to ensure
your rights are protected, call our
San Luis Obispo family law attorney who can advise you at every step.
The Law Offices of R. Morgan Holland, L.C. has been helping families for
28+ years reach their goals. We have provided effective legal counsel
for those facing divorce and
child custody disputes for numerous clients by walking them through the entirety of
the process and protecting their rights. When you are facing a contested
custody during your divorce, make sure our firm is by your side!
What do judges look for when determining custody?
In all decisions involving child custody, California courts are tasked
with judging in favor of the child’s best interests. This can be
subjective to some degree and our Santa Maria divorce attorney can push
for your right to custody as a parent.
In general, the child’s best interests include factors such as:
- Their age
- Their relationship with the parent
- The child’s preference if old enough
- The stability of any proposed living arrangements
- The ability of each parent to cooperate in childcare
- Any history of domestic violence
- Capacity of both parents to offer love, guidance, and support to the child
- Desirability of continuing a current living arrangement
The above factors are not exclusive and while being determined unfit is
an automatic disqualifier for a parent, other factors are not all given
Legal & Physical Custody
Two types of joint custody exist in California—legal and physical.
Joint legal custody means that both parents will decide in the making
decisions for their child regarding healthcare, education, and religion
of the child. This is very common in this state. Joint legal custody is
usually granted when parents cannot make such decisions together.
Joint physical custody is when a child lives with both parents for a significant
amount of time. Courts in this case will attempt to divide the time each
parent shares with the child as equally as possible.
Get experienced advice for your custody hearing by
speaking with us during a
free case analysis!