Child Custody

Decisions about child custody are among the most important in any family law case. Courts always act in the best interests of the child.

Types of Custody

Physical Custody: Determines where the child will live. It may be sole physical custody (one parent) or joint physical custody (shared between both parents).

Legal Custody: Determines who has the right to make decisions about the child’s education, health, religion, and other important matters. It may be sole legal custody or joint legal custody.

What the Court Considers

Courts evaluate many factors to determine the custody arrangement that best serves the child:

• The child’s relationship with each parent
• The stability of each parent’s home environment
• Each parent’s ability to meet the child’s needs
• The wishes of the child (if the child is sufficiently mature)
• The physical and mental health of each parent
• Any history of abuse or domestic violence
• Each parent’s willingness to foster a relationship with the other parent

Joint Custody vs. Sole Custody

Courts generally favor joint custody because children benefit from maintaining meaningful contact with both parents. However, in cases involving abuse or neglect, sole custody may be awarded to one parent.

Visitation Orders

If one parent is awarded sole custody, the other parent typically receives visitation rights (parenting time). The visitation schedule should be clear and detailed to minimize conflict.

Modification of Custody Orders

Custody orders can be modified if there is a significant change in circumstances, such as a relocation, change in employment, or a change in a parent’s ability to care for the child.

What You Should Know

Custody is not determined by a parent’s gender. Both parents have equal rights under the law. An experienced custody attorney can help protect your rights and your relationship with your children. Our team in Burbank and San Diego, California is ready to advocate on your behalf.