Child Custody Attorneys in Beverly Hills

Advocating for Your Parental Rights in California Child Custody Disputes

When parents divorce, one of the most important issues is often how they will still be able to be an active and involved part of their children’s lives. California custody cases focus on the child’s best interests and what arrangements best serve the child’s health and overall well-being. Knowing how the California courts define custody and what factors are considered in these orders can help you understand your legal rights and options.

Custody cases are often contentious and involve high emotions that can be overwhelming, but our firm is here to ensure you don’t have to face this process alone. Call Baron Family Law, PC, at 916-694-1164 to learn how we can be your advocate and help you protect your relationship with your child.

What’s the Difference Between Legal Custody and Physical Custody?

There are two types of custody: legal custody and physical custody. Legal custody refers to who has the right to make decisions about the child’s life, particularly in the most critical areas, such as health care, education, and religious upbringing. Physical custody, more commonly referred to as parenting time in California, refers to where the child lives and how the child splits their time between the parents.

Both types of custody can be designated as either joint or sole. Joint legal custody generally means that the parents have equal decision-making authority. In some cases, the court may split up who gets to make decisions about what topics, such as Parent A getting to make health care decisions while Parent B makes education decisions, but this is less common. In a joint legal custody situation, the parents generally need to agree on important decisions. If they can’t, the matter goes into the family court to be decided by a judge.

Sole legal custody occurs when only one parent has decision-making authority. This means that the parent can make decisions on their own without the agreement of the other parent. If the other parent disagrees with the decision, they can file a motion in family court to bring their case before a judge.

Joint physical custody is when the child spends significant time with both parents. While an actual 50/50 split qualifies as joint physical custody, it’s not the only option.

Sole physical custody means that the child primarily lives with one parent. The other parent may still see the child regularly, but it may be every other weekend, a few hours during the week, or on specific holidays.

What Factors Are Used to Determine the Best Interests of the Child in a Child Custody Case?

Throughout any family law case involving children, the courts are primarily focused on the children’s best interests. While it can be challenging to have a judge who has minimal experience with your family making some of the most critical decisions about how your life will look moving forward, understanding what factors the court uses to determine what’s in the best interests of the child can help you prepare your case.

Health, Safety, and Welfare of the Child

This broad category can encompass many different factors, but it’s also one of the most important when it comes to child custody decisions. This includes the child’s physical, mental, and emotional well-being, encompassing everything from providing safe, stable housing and proper nutrition to a nurturing environment.

History of Abuse

California law requires that the courts take into consideration any documented history of abuse. This includes abuse against the child, the other parent, or the other person’s partner. Because parents sometimes use allegations of abuse as a way to turn the custody determination in their favor, the judge will usually want to see records related to the abuse, such as police reports or medical records. The judge may also ask for statements from outside agencies, such as Child Protective Services.

The Nature and Amount of Contact With Both Parents

When making decisions about the best interests of the child, the court also evaluates each parent’s level of involvement. This includes both the amount of time they have physically spent with the child as well as the quality of the relationship. When determining custody, the judge may look at who has been the primary caretaker, such as transporting the child to school and attending extracurricular activities.

History of Substance Abuse

If a parent has a history of substance abuse that impacts their ability to care for the child, it can be a consideration in custody matters. The court will look at evidence, including arrest reports and medical records, and whether the parents’ use rises to a level of concern and could negatively impact their ability to parent.

Can You Get Full Custody in California?

California has a rebuttable presumption that joint custody is in the best interests of the child. This is because the courts recognize that children have a right to have frequent and continuing contact with both parents. If the parents agree to joint custody willingly, the court will automatically make this into an order.

If one parent objects, they have the burden of proof to show that joint custody is not in the best interests of the child. This generally means being able to show that frequent contact with the other parent poses some risk of harm to the child, such as in situations of neglect or substance abuse. Factors that only affect the objecting parent, such as difficulty coparenting or not wanting to interact with their ex, aren’t considerations.

If you believe that joint custody, physical or legal, is not in the best interests of your child, an attorney can help you determine how to present your case and whether you have enough evidence to rebut the presumption of joint custody.

How Does Custody Work for Unmarried Parents?

When a child is born to a married couple, the parents automatically have parental rights. This is not the case when the parents are unmarried. The mother has automatic parental rights, but the father does not. Before custody can be determined, parentage must be established. This can be done voluntarily if both parents are in agreement with a Voluntary Declaration of Parentage or through a court-ordered paternity test if not.

Once parentage has been established, the father has legal grounds to seek a custody order through the court system. Child support will also generally be determined at this time. A parent who has been largely absent or intermittently involved in the child’s life before parentage was established may have an uphill battle when it comes to getting joint custody. It’s common for the courts to start with a smaller amount of parenting time to establish a consistent relationship.

How Do You Modify a Child Custody Order?

Custody and visitation orders can be in effect for years, and it’s common for either a parent or the child to experience changes that make the current order no longer the best fit. If there is a substantial change in circumstances that affects the best interests of the child, either parent can request a modification to the original order. Examples of significant changes include a parent relocating, a parent newly engaging in unsafe behaviors, such as abuse, or the child having different needs.

To request a modification to a custody order, at least one parent has to file a request. If the parents are in agreement, they can propose a new custody arrangement, and the judge will usually make this part of the formal order. If the parents disagree, mediation is required to attempt to come to a resolution. If that’s not possible, the judge will decide a custody trial, where both parents will be able to present their arguments and explain why they believe it is in the best interests of the child.

If you’re worried about custody or parenting time and how these issues could affect your relationship with your children and your ability to parent, we’re here to help. The attorneys at Baron Family Law, PC, have extensive experience with custody disputes and are prepared to fight for you. Call 916-694-1164 today to get started.