Get Answers to Your Most Commonly Asked Questions About Child Custody
Posted on: April 18, 2019
Child custody is a big subject and it can be hard to know what’s true and what’s not. The best way to get specific advice about your specific case is to contact Kendall Gkikas & Mitchell, LLP and request child custody consultation. In the meantime, you can read on to get answers to some of the most commonly asked questions.
What Are the Various Types of Custody?
In California, there are two main types of custody: Legal and physical. Legal refers to the legal right to make decisions for the child, such as where they go to school, when and where they travel, and similar factors. A parent can have legal custody and no physical custody, legal custody and full physical custody, or anything in between.
Physical custody refers to who the child lives with. This can be joint or sole and joint custody does not necessarily mean that the child spends 50% of their time with each parent. It can also be possible for one parent to have full custody and the other to have visitation rights.
Do Mothers Automatically Get Custody?
No. While it was generally true 20 year ago that mothers got preference in child custody battles, this is not longer the case. Not only has society shifted on this topic, but the law has changed: The courts are required to give equal consideration to fathers and mothers in custody disputes.
How Does Domestic Violence Affect Child Custody?
If one parent has been convicted of domestic violence in the last five years, whether against their spouse or any child, or if the judge discovers during the custody negotiations that one of the parents has committed domestic violence, it will certainly affect the judge’s decision. In most cases, the abusive parent will not be awarded custody, but they may be awarded either supervised or unsupervised visitation.
Can Children Decide Who to Live With?
The judge will consider a child’s preference but it will not be the only factor considered. The judge knows that children mature differently but even if a child is very young, the judge will consider who they want to live with.
However, the judge will also consider the child’s reasons for wanting to live with one parent. For example, if they want to live with a parent because said parent makes them feel safer, the judge is more likely to take this seriously than if the child says they want to live with one parent because said parent lets them eat ice cream for breakfast.
How Can I Get Answers to My Other Child Custody Questions?
Contact Kendall Gkikas & Mitchell, LLP at 909-482-1422. We are standing by to set up a consultation during which you can get answers to your most complex questions about custody.