If you’re finding you and your spouse moving further toward divorce every day, and the two of you have children together, then who will get custody is likely on your mind. At Kendall Gkikas & Mitchell, we have learned that many people stay in marriages well beyond the point that they would like to leave, simply because they believe it’s what’s best for their child or they are afraid they won’t get custody.
We find that the best way to combat this mindset is to offer facts about child custody in California. While the following general advice many answer some of your questions, we encourage you to contact us at 909-482-1422 to set up a personalized consultation.
There are two types of custody order
In the state of California, there are two main types of custody. The first is legal custody, which refers to the ability to make legal decisions for a child. This includes decisions involving school, healthcare, where a child lives, where they can travel, their mental health care, their religion, what activities they can get involved in, what sports they can play, etc. The second type of custody is physical, which refers to where the child will live.
The difference between joint and sole custody
If you have legal custody, then it could be joint or sole. If it’s joint custody, then both parents are able to make decisions about their child. If it’s sole custody, then only the parent with legal custody can make a decision about the child. Likewise, physical custody can be joint or sole. If it is joint, then the child will live with both parents. However, sole custody doesn’t mean that the non-custodial parent has no rights. They could have visitation or they could have their child live with them part time.
There are 4 visitation options in California
If you have visitation in California there are four options. The parent who has the child for less than 50% of the time is called the parent with visitation. The four main types are:
- Scheduled visitation. As the name implies, this refers to visitation that has a detailed schedule.
- Reasonable visitation. This is a flexible type of visitation that may work well for parents who communicate well and who can agree on visitation issues.
- Supervised visitation. Most commonly addressed in divorces involving domestic violence or other issues that may put the child in danger, supervised visitation ensures that the child is not alone with the parent.
- No visitation. If the court finds that it’s in the best interest of the child not to see their parent then they may be denied visitation. This includes situations involving severe mental health issues, abuse, or drug or alcohol use.
This covers some of the most common types of custody and visitation. No matter how well or how poorly you and your co-parent may get along, it is always worth it to reach out to a family law attorney before deciding on a custody and / or visitation schedule. You can reach Kendall Gkikas & Mitchell by calling 909-482-1422.
