Divorce California Custody

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Types of Divorce California Custody

Sole Legal Custody

• One parent is granted the exclusive responsibility and right to make decisions pertaining to the welfare, education and health of the child
• This parent cannot have sole control over the supervision and residence of the child

• The child lives with and is supervised by one parent
• This parent does not have the sole decision making power pertaining to other issues that affect the child
• The other parent is given visitation rights

• One parent is offered the primary physical control of the child as well as the right regarding making decisions about the welfare, education, health and residence of the child
• The other parent is granted secondary visitation rights

• Every parent has considerable duration of physical custody
• The child has frequent and continuous contact with both parents
• It is not implied that the child spends equal duration with each parent i.e. one of the parents may play the role of primary caretaker

• Both the parents are offered the responsibility and right to make decisions pertaining to the welfare, education and health of the child

• None of the parents have sole legal or physical custody
• The physical presence of the child is shared by both parents
• Both parents have the right to supervise and control the child

• Every parent is a custodian of the child for varying fixed durations of time
• There are cross rights of visitation

• There are different parenting plans for each of several children
• If any moment post divorce is considered, every parent has custody of minimum 1 child of the marriage. For example, mother may be granted custody of the son while father may be given custody of the daughter
• Each parent has visitation rights to the non custodial child

• The non parent has a special responsibility of caring and control of the child
• The parents might be awarded reasonable rights of visitation

The California Code does not define the terms of "divided custody" and "split custody."

Factors considered in Divorce California Custody

Some of the pertinent factors considered by the trial court are as follows.

• Let us assume that the child is of adequate age and has the ability to reason and develop an intelligent preference pertaining to this topic. Then the court must give due importance to the child's wishes
• An order that alienates siblings in custodial households is regarded as detrimental to the best interests of the child and is generally reversed. Only when there are extraordinary educational, medical or emotional requirements, such a separation is adhered to
• If the established pattern of emotional bonds and care with the primary caretaker is frequently disrupted, this is harmful to the child. So, there is a principal requirement for stability and continuity in custody plans
• Are there are some violent crimes as mentioned below that prohibit custody or unconditional visitation awards?
  • Past record of alcohol and drug abuse
  • First degree murder of the other parent
  • Rape leading to birth of the child
  • Child abuse conviction or a Registered Sexual Offense

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