Child Custody California
A divorce can lead to several issues including a division of assets and the future of the parties to the divorce, including their children. Child custody issues are probably the most important and litigated part of a divorce. The law all over the United States is clear that the best interest of the child has to be safeguarded in any child custody battle.
Child Custody laws in California allow for a number of solutions to the problem of child custody. The law envisages two kinds of child custody:
- Joint Custody:
This entails that both the parents joint rights to the custody of a child. This means that the custody of the child is shared between the parents. Usually the parent who has the larger portion of the custody time is called the primary custodial parent. It also involves playing an important role in making the key decisions for the child. These decisions will include critical aspects like education, religion healthcare and where the child lives. Joint custody does not necessary mean that both parents have to agree on everything. As a last resort, opinion of the court can be sought on irreconcilable differences vis a vis the child.
- Sole Custody:
Sole custody means that one parent keeps all the rights of keeping the child and making key decisions for him/her. There are a lot of factors involved in this, one of them being that sole custody will more easily be allotted to a parent who is open to the idea of allowing frequent visitation rights to the other parent. Sole custody will also depend largely on the ability of such parent to provide a safe and stable environment to the child, which would be in the child’s best interest. Sole custody is usually granted when the other parent is deemed an unfit parent and where the court decides that it would be in the best interest of the unfit parent to be excluded from custody.
A child custody case will help you with legal rights and even help you in getting residency rights for your child. The court’s primary concern is to keep the child’s best interest and case precedents indicate that the absolute interest of the child will trump all other Usually the factors involved are the willingness of one parent to allow frequent visits to the other, the child’s wishes, and a history of domestic violence or drug use are given serious thought. A parent’s financial capability to take care of a child is also taken in account. They prefer a home environment that is stable and offers emotional stability. Custody can also be achieved through an agreement without the intervention of the court, which would be the case in an amicable and consensual divorce. Custody is a decision that needs mutual understanding at both parties keeping the child’s best interests in mind and trying to provide a normal stress free environment for the child to grow up in.
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