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Divorce is challenging, but it becomes more complicated when there are minor children involved. For this reason, having vital, experienced help at your side is essential. Patrick Baghdaserians is a Pasadena child custody attorney and family law specialist working in Los Angeles. Patrick Baghdaserians has more than 17 years of experience and is an invaluable ally when navigating custody and visitation issues involving minor children. Generally, the court has jurisdiction over the custody of “minor children of the marriage.” Minor children of the marriage are the natural or adopted children of both parties to the divorce proceedings.
Understanding Child Custody in California: Physical vs. Legal Custody
Under California law, child custody has two parts, which include:
- Physical custody
- Legal custody
Custody can be granted to only one parent or shared between both parents. When custody is awarded to only one parent, it is known as sole custody. In contrast, when custody is shared between both parents, it is called joint custody. A court has the discretion to make these decisions. For example, a court can assign joint custody to legal custody, not physical custody.
When the court orders joint physical or joint legal custody, it specifies one parent as the child’s primary caretaker and one home as the child’s primary home for public assistance eligibility. Although the terms physical and legal custody are often used, it is essential to describe what they mean. The meaning of sole physical custody is that the child lives with only one parent.
The court may order visitation from the other parent regarding sole physical custody. According to the court’s agreed-upon schedule, joint physical custody means both parents will have valuable time with the child.
Joint custody does not mean that the child’s time with each parent is divided precisely down the middle. By contrast, sole legal custody means that one parent enjoys the authority and responsibility to make decisions about the children’s health, education, and welfare. Joint legal custody is where the two parents will generally share those rights as well as responsibilities.
Custody is consistently awarded based on the child’s best interest. According to public policy, frequent and continued contact with both parents after the disintegration of marriage is needed.
This way, parents are encouraged to share the rights and responsibilities of childrearing unless it is not in the child’s best interest. The court takes into account which parent is more inclined to have frequent and continuous contact with the non-custodial parent in the awarding of custody to one parent only.
Factors Courts Consider for Child’s Best Interests in Custody Cases
A court determines what is in the child’s best interest in several ways. One way a court determines what is in the child’s best interest is by considering any history of abuse by one parent. Second, consider the child’s nature and amount of contact with both parents.
The court must consider if either parent regularly uses illegal drugs or alcohol or misuses prescribed medications. The list regarding what is in the child’s best interest goes on.
Other factors that a court might account for when evaluating these matters include (but aren’t necessarily limited to) the following:
- Where you live: A joint physical custody arrangement may benefit a child if both parents can play a positive role in their day-to-day lives. However, for a joint physical custody arrangement, both parents should live reasonably close.
- A child’s preference: Depending on your child’s age, their own opinion about who they want to live with may be accounted for when custody decisions are made.
- A child’s current lifestyle: A divorce can significantly interfere with a child’s current lifestyle. A court may, therefore, attempt to minimize any additional disruption that might occur if a child were to be removed from a living situation to which they’re already adjusted.
How a Pasadena Child Custody and Visitation Law Firm Helps
The specific manner in which a Pasadena child custody lawyer assists you will vary depending on certain factors. For instance, perhaps you and your soon-to-be ex want to work together to arrive at a child custody arrangement that’s mutually satisfactory. This is often an ideal goal. In California, family law courts prefer that divorcing spouses handle these matters together instead of requiring the court to make critical decisions about their children’s future.
(That said, a court may reject the arrangement two parents arrive at if it’s clear that one parent doesn’t deserve to have custody or visitation rights due to a history of abuse, criminal behavior, etc. As always, the court’s goal is to ensure an arrangement is in the best interests of the children affected by it.)
Additionally, when the court is required to make decisions about custody and visitation on behalf of two parents, both parents have little significant opportunity to exercise control over the final nature of the arrangement. Therefore, letting the court make custody decisions prevents you from making these decisions yourself.
These are good reasons to attempt to address child custody and visitation with your spouse before your divorce is finalized. Doing so is often more accessible with the assistance of a legal specialist. A child custody attorney in Pasadena can facilitate civil discussions and serve as a go-between, ensuring you and your spouse can put your children first instead of allowing negative emotions to influence the process.
However, there are instances when two spouses can’t collaborate on a visitation or custody plan. Maybe your spouse is pursuing sole custody of the children and is unwilling to consider any other possible arrangement.
The fact that your spouse thinks they’re the only parent who deserves custody doesn’t mean they are correct. For instance, maybe they’re upset that the marriage is ending and are thus using your children as a means of punishing you.
Regardless, if the court must make decisions about your kids’ future, you must demonstrate that you should be permitted to have some form of custody or visitation rights. A lawyer can help you present your case accordingly.
These are always complex matters. That is why it is essential to have someone with experience on your side when dealing with marriage dissolution, custody, and visitation. Patrick Baghdaserians is an experienced child custody lawyer in Pasadena and a family law specialist who has dealt with many custody and visitation cases over the course of his decade of experience. Regardless of the reason, divorce is challenging. Do not make the process even more difficult; schedule a consultation with Patrick Baghdaserians.
FAQs About Child Custody
- Legal Custody refers to the right to make important decisions about your child’s life, such as education, healthcare, and religious upbringing.
- Physical Custody refers to where the child lives and which parent has the responsibility for day-to-day care.
In some cases, one parent may have sole custody (either legal or physical), or custody may be shared between both parents.
The court’s primary consideration is the best interests of the child. Factors such as the child’s age, health, emotional ties to each parent, the parent’s ability to provide for the child, and the child’s relationship with siblings are all considered. The court also evaluates the stability of each parent’s home environment.
Yes, custody arrangements can be modified if there’s a significant change in circumstances, such as a parent relocating, a change in the child’s needs, or a parent’s inability to care for the child. However, a request for modification must be approved by the court.
In cases involving domestic violence or abuse, the court takes these issues very seriously. A parent with a history of abuse may not receive physical custody or their access to the child may be restricted. The court may also order supervised visitation to protect the child’s safety and well-being.
In many jurisdictions, children aged 12 or older may be given the opportunity to express a preference, but the court is not obligated to follow the child’s wishes. The child’s preference is one factor among many in determining what is in the best interests of the child.
If you’re dealing with a child custody matter, consulting with an experienced family law attorney can help you understand your rights and ensure the best possible outcome for your child.
