There is no question that any divorce brings many challenges but for parents, there is no greater challenge than agreeing on custody arrangements. We strongly suggest that you have your own family law attorney to ensure that your rights are being upheld. You can read on to learn more about the differences between shared and sole custody and then contact us at 909-482-1422 to set up a consultation.
Legal vs Physical Custody
First, let us consider the difference between legal custody and physical custody. Legal custody refers to a parent’s right to make legal decisions for their child and to have access to the child’s private information. For example, legal custody gives a parent the right to make healthcare and school decisions. Physical custody refers to a parent’s right to have their child live with them. Both physical and legal custody can be shared.
Both Parents Do Not Necessarily Have Equal Rights in Shared Custody Arrangements
A common misconception is that shared custody means equal custody – it does not. While you can decide to have 50 / 50 custody in which both parents do have equal rights, this is not a given. Shared custody (also known as joint custody) simply means that both parents have some amount of custody. California family court generally prefers that parents have joint custody of their child.
Sole Custody is Generally the Option When a Child’s Best Interest Are in Question
If both parents are fit to parent then the court is likely to award joint custody – assuming both parents want custody. However, sole custody can be given if one parent does not want any custody rights, or if one parent is deemed to be unable to parent safely.
This could be because they are addicted to drugs and / or alcohol, they do not have a regular residence in which to provide steady consistency for the child, they have a mental or physical disability that prevents them from taking care of the child, or they have been convicted of domestic violence.
The Non-Custodial Parent May Have Visitation Rights Under Sole Custody
All of that said, this does not mean that if one parent has sole custody the other parent has no rights to see their child. In the event that sole custody was awarded to protect the child, then the non-custodial parent may be required to have only supervised visitation. If sole custody was agreed upon by both parties, the courts can still give visitation rights to the other parent.
Remember that which parent has legal and physical custody will also affect child support payments. These are complex issues that can have long-lasting consequences. At Kendall Gkikas & Mitchell we do not want any parent to go into this fight without a qualified attorney on their side. Reach out to us at 909-482-1422 now to get started.
