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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 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 Law in California
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. Sole physical custody means 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 child custody does not mean 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. In joint legal child custody, the two parents share those rights and duties.
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 considers which parent is more inclined to have frequent and continuous contact with the non-custodial parent when only custody is awarded to one parent.
Overview of Custody, Visitation, and Mediation in Family Cases
Custody Arrangements:
- Joint Custody: Approximately 30%-40% of custody cases result in joint physical custody, and 60%-70% result in joint legal custody.
- Sole Custody: About 30%-35% of cases result in sole custody, often granted to one parent due to reasons like parental unfitness or incapacity to co-parent effectively.
Visitation Rights:
- Non-Custodial Parent Visitation: Around 50% of non-custodial parents, typically fathers, are granted visitation rights.
- Children in Joint Custody: Around 70%-80% of children in joint custody arrangements have regular visitation with both parents.
- Supervised Visitation: In approximately 10%-20% of cases, supervised visitation is ordered, usually when there are concerns about the child’s safety or the parent’s behavior.
Mediation:
- Mediation Outcomes: About 50% of child custody cases are resolved through mediation instead of a full court hearing.
Court Involvement:
- Approximately 20%-30% of custody cases are decided by family courts after intervention.
Factors Courts Consider for a 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 positively influence their day-to-day lives. However, for a joint physical custody arrangement, both parents should live reasonably close.
Child’s preference – When Can a Child Share Their Custody Preference?
- In California, any child who’s 14 or older has the right to tell the judge where they’d like to live and how often they’d like to visit the other parent. The court must listen and give their opinion “due weight,” meaning the judge takes it seriously when making the final decision.
- Kids under 14 can also ask to speak with the judge, but it’s up to the judge whether that makes sense—usually only if the child seems mature enough and it helps the case.
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 that the 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 decides about your kids’ future, you must demonstrate that you should be permitted some 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 14 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 child’s best interests.
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.
